Mediation Advocacy Skills for Lawyers and Business People

Businesses in commercial disputes want to save time, money and relationships in resolving them. This In-house programme will detail how to achieve a satisfactory and timely solution through mediation.

Course Overview

Businesses in commercial disputes want to save time, money and relationships in resolving them. Mediation does this in ways arbitration or litigation cannot, and can achieve outcomes different to those available at court or in arbitration. Many jurisdictions now expect disputing parties to mediate before arbitrating or litigating. Mediation is increasingly becoming the preferred option for dispute resolution. A working knowledge of the mediation process is an invaluable tool for any in -house counsel, litigation lawyer or commercial manager.

Success at mediation depends on the parties’ mind set. Seeing the dispute settlement as a deal to be done rather than a battle to be won is key and enables the parties to look forwards not backwards. This is a different to the litigation approach. At mediation it is not so much a question of who is right or wrong but what is best for the businesses.

This In-house programme gives you the latest information on how to manage the mediation process and settle disputes effectively by mediation. You will learn:

  • what to expect at a mediation
  • how to work with a mediator
  • how to communicate with all the parties involved so as to achieve a successful business outcome.
  • the risks and pitfalls to avoid
  • how mediation sits in relation to the legal process,
  • the mediation documents
  • the impact of recent case law on best practice.

Delivered by two highly experienced commercial mediators, the course is practical with examples and interactive exercises.

Your next step is to call us now on +44 (0)20 7729 6677 or email us at info@falconbury.co.uk or use our contact form and find out how we can help. There are no commitments, and if we cannot help our advice and recommendations are free of charge.

Sample Programme

Pre-mediation issues

  • Why mediate?
  • What disputes are suitable for mediation, and what disputes are unsuitable?
  • When is the time right to mediate?
  • Selecting the mediator
  • Initial steps between the parties
  • Costs consequences of refusal to mediate, or not responding to a request to mediate
  • The roles of lawyer, parties and mediator

Preparing for a mediation

  • Who will attend?
  • Mental preparation of the team for the session
  • Physical preparation (reports, valuations, site visit, etc)
  • Preparing and delivering an effective opening statement
  • Initial contact with the mediator
  • How much to disclose
  • Confidentiality
  • Without prejudice
  • Authority to settle
  • The Agreement to Mediate

At the Mediation

  • Roles within the team
  • Analysing the business case for settlement
  • Risk analysis
  • Working with the mediator
  • Getting the most out of private sessions
  • Overcoming the fear of joint sessions
  • Communication skills
  • Negotiation strategies
  • Creative problem-solving
  • Facilitating cooperation
  • The psychology of getting to a deal
  • How to achieve a successful solution for the parties

Enforcing a mediation agreement

  • Drafting and enforcing a Settlement Agreement
  • Pros and cons of Heads of Agreement in different jurisdictions
  • Tomlin Orders and the relationship between a Settlement Agreement and pending litigation
  • Drafting and including effective multi-tier dispute resolution clauses
  • The EU Mediation Directive and enforcing a mediation settlement agreement within the EU
  • Enforcing International Mediations – Med Arb and the NY Convention

Recommended Trainers

Rebecca Attree M. A. (Cantab) is a Solicitor and Commercial Mediator based in Central London. She is a Director and Panel member of ADR Net, dual US/UK qualified with INADR and a Member by Experience of the Law Society Civil and Commercial Mediators Panel. Rebecca is a popular choice as a mediator for a wide range of commercial and family disputes.

Following her career in the City as a company commercial solicitor at Richards Butler and then Laytons, in 1993 Rebecca set up Attree & Co, her own solicitor’s practice. Attree & Co now provides mediation and mediation advocacy services as well as training in commercial law and mediation skills. Rebecca’s professional practice has led her to gain considerable experience in how settlements can be explored, structured, drafted, negotiated and concluded so they work for all parties.

Rebecca is also an experienced course deviser and trainer in mediation skills and company commercial law, delivering in house and public training courses to a wide range of lawyers and executives across Europe.

Stephen Walker M.A (Oxon), FCIArb, is a Solicitor and Accredited Mediator. He was a civil and commercial litigation solicitor in London for 30 years. He has mediated 300 civil and commercial mediations and has represented clients at many mediations and even been a client himself. Last year he published a book written (with David Smith) for clients and their representatives: Advising and Representing Clients At Mediation (Wildy’s). He did this to help people get the best out of the mediation process. It has attracted a cluster of 5 star reviews on Amazon and has been chosen by the ICC as the prize in the 2014 International Mediation Competition. Stephen is also dual accredited as a mediator in the USA through INADR and has undertaken specialist training in workplace mediation. He has delivered highly praised mediation training courses and is also a Visiting Lecturer in Mediation at King’s College London on the M.Sc. in Construction Law.