Core Content

Core Content for Courses and Programs Covering the Basics in how to Conduct a Mediation

  1. 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.
  2. Intake and convening skills, including agreements to mediate, and preparing parties and their counsel for mediation.
  3. Mediation theories and styles, including evaluative, facilitative and transformative models, assessing risks and advantages of models; matching models to contexts and parties.
  4. 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.
  5. Managing challenges in dealing with different cultures, gender differences, language barriers, and other unique situations.
  6. Problem identification and disagreement management skills, including instruction in the establishment of priorities and areas of agreement and disagreement.
  7. 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.
  8. 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.