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  • Distinction between Adjudicative and Consensual outcomes
  • The developments in Mediation in common law and other civil jurisdictions
  • The progression of disputes and the opportunities for ADR processes
  • The role of ADR in the Civil Justice system
  • The formulation and content of the Mediation Contract
  • The standardised and flexible models of facilitative Mediation
  • The conventional phases of Mediation
  • The obligations of a Mediator in arranging a Mediation appointment
  • The obligations of a Mediator in the course of a Mediation
  • The dynamic of the private meeting or caucus
  • The obligations of a Mediator after the completion of the Mediation
  • The benefits of de-brief, self reflection and the maintenance of a Mediation Log
  • Recognition of core skills of impartiality, independence, avoidance of conflicts of interest and fairness
  • The study and practice of all mediation skills and in particular the need for authoritative party specific presentation, listening, facilitative management, organisation, appropriate diverse question techniques, summarising, re-framing, reality testing, resourceful solution thinking and negotiation
  • The ability to assist in the formulation of settlements
  • The ability to identify and deal with potential ethical problems which may arise
  • The legal structure of a Mediation taking place under contract
  • The need for Professional Indemnity Insurance
  • The requirement for and limitations of confidentiality within the Mediation Contract
  • The public policy and evidential implications of the “Without Prejudice“ rule
  • The professional and ethical obligations of a lawyer Mediator
  • The requirement to engage in monitored / assessed simulated party and Mediator role plays