Core Content for Courses and Programs Covering the Basics in how to Conduct a Mediation
- The structure, design, practice, and theory of dispute resolution proceedings and services, including the varying roles, functions and responsibilities of neutral persons, and the distinction between binding and non-binding processes.
- Intake and convening skills, including agreements to mediate, and preparing parties and their counsel for mediation.
- Mediation theories and styles, including evaluative, facilitative and transformative models, assessing risks and advantages of models; matching models to contexts and parties.
- Communication skills and techniques, including developing opening statements, building trust, gathering facts, framing issues, taking notes, agenda setting, empowerment tactics, effective listening, framing, and clarification skills. Face-to-face as well as over-the-telephone communication skills shall be addressed.
- Managing challenges in dealing with different cultures, gender differences, language barriers, and other unique situations.
- Problem identification and disagreement management skills, including instruction in the establishment of priorities and areas of agreement and disagreement.
- Techniques for achieving agreement or settlement, including instruction in creating a climate conducive to resolution, identifying options, understanding BATNA, facilitating negotiations, methods for breaking impasse, reaching consensus, and working toward agreement and drafting of settlement agreements.
- Ethics shall include party self-determination and the necessity of the voluntary and consensual nature of a disputant's participation in any dispute resolution proceedings; mediation confidentiality; and ABA/ ACR/AAA Model Standards of Conduct for Mediators.
