COMMERCIAL AND COURT-REFERRED MEDIATOR SKILLS - CEDR AWARD WINNING
BECOME AN INTERNATIONALLY ACCREDITED MEDIATOR
When it comes to resolving disputes, there are no shortcuts. South Africa is in need of good mediators for many types of conflicts and disputes, including civil, commercial, employment, workplace, labour/management, medical malpractice, personal injury, and community. There is an increasing demand for mediators who are well-trained and accredited to locally and internationally recognised standards, particularly since the introduction of the High Court Uniform Rule 41A.
Course feedback
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The presenters did an excellent job explaining and demonstrating the concepts. The course was not only practical but also gave me an excellent platform to build on my own mediation practice.
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Ashwell Valentine|Sep 2023 -
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Very memorable learning experience and a lifetime opportunity and privilege to have been part of the September Cape Town 2023 class.
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Mereenayotlhe Molonda|DTCB|Sep 2023 -
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Excellent course - the right mix of some theory but lots of practical mediation exercises.
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Dave Thompson|CDH Inc|Sep 2023 -
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Highly recommended course! Well presented!
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Stephan Stone|Stone & Partners|Sep 2023 -
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The mediation course by Conflict Dynamics was taught really well, making me think differently and leaving a strong impression. I found the course content very interesting and it helped me understand better ways to handle conflicts.
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Vusi April|Stellenbosch University|Jul 2023
The Commercial Mediator Training offered by Conflict Dynamics will equip you to mediate conflicts and disputes in many different settings, whether it is voluntary commercial, employment or workplace mediation, or court-annexed or court-directed in terms of the mediation rules for the Magistrates Courts and for the High Courts.
The face-to-face course consists of 5 full days of tuition, demonstration, practice, coaching and assessment, usually spread over a 6-day period. Delegates practice and are coached in the mediation process and skills during the first three days and assessed over the last two days.
The online course consists of 6 full days of tuition, demonstration, practice, coaching and assessment, usually spread over an 8-day period. The first three days involve tuition and practice in four 90-minute modules per day. The fourth day involves practice and coaching in three approximately 190-minute modules (this includes roleplay preparation time and one-to-one feedback). The final two days involve assessment and one on one feedback in three approximately 140-minute modules per day (this includes roleplay preparation time and one-to-one feedback).
This course is accredited in South Africa by:
- the Dispute Settlement Accreditation Council (DiSAC) South Africa;
- the Public Service Sector - Education & Training Authority (PSETA) at NQF level 5.
This course is recognised internationally by:
- the International Mediation Institute (IMI) has approved the course as a Certified Mediator Training Programme (CMTP). This means that our training program meets the independent international standards for mediator training and individuals who successfully complete our training program can automatically apply to be recognised as IMI Qualified Mediators.
- the Centre for Effective Dispute Resolution (CEDR) in the United Kingdom has recognised the course as a basis for mediator accreditation with CEDR. Candidates may apply for CEDR assessment and accreditation at an additional fee should they wish to be internationally accredited.
It is necessary to hold tertiary educational qualifications and to have some professional experience to attend.
This is a unique and potentially life-changing opportunity. Places are limited so apply as soon as possible and make a difference in your world.
Price: R27,685.75 including VAT for the 5-day or 6-day course (whichever is relevant).
We are B-BBEE Level 2 training consultants. Consider our course when planning your company’s skills development training.
Our Course Curriculum
Participants receive pre-course materials which they are required to read. They must then complete a series of pre-course questions to prepare them for the course. Their answers are assessed and contribute to their overall assessment.
The pre-course materials are provided in hard copy and comprise the following:
- A copy of the recently published book Commercial Mediation: a User's Guide by Brand, Steadman and Todd;
- Rules regulating the conduct of mediation proceedings in the Highs Courts of South Africa;
- Uniform Rule 34 - Offer to Settle;
- Uniform Rule 37 - Pre-trial Conference;
- Uniform Rule 41A - Mediation as a Dispute Resolution Mechanism;
- Rules regulating the conduct of mediation proceedings in the Magistrate’s Courts of South Africa;
- An article for mediators on basic civil procedure in the Magistrates’ Courts of South Africa;
- Recent decisions in South African, English and Welsh courts, relating to mediation
- Welcome
- An introduction to mediation as compared with other dispute resolution processes
- The phases of mediation
- The preparation phase of mediation
- Contact between the mediator and the parties and their representatives
- The Agreement to Mediate
- The principles of mediation
- Starting the mediation process
- Preliminary private meetings
- The joint opening meeting
- The exploration phase of mediation
- Understanding approaches to negotiation
- Positional vs interested based bargaining
- The negotiator's dilemma
- Demonstrations of these phases by the trainers
- Role-play session one
- Debrief of learnings
- Welcome and group reflection on lessons from the previous day
- Active listening skills for mediators
- Process choices facing the mediator
- Working with emotions as a mediator
- The generating options phase of mediation
- The bargaining phase of mediation
- How the mediator coaches the parties to bargain strategically
- How the mediator uses reality testing to assist the parties to assess their risks
- How the mediator deals with potential deadlock
- Ethical dilemmas facing a mediator and how to manage these
- The ending phase of the mediation
- Demonstrations of these phases by the trainers
- Role-play sessions two and three
- Debrief of learnings
- Welcome and group reflection on managing bias as a mediator
- Review of mediator competencies
- How mediators work with lawyers
- Roleplay session four
- Practising the early phases of the mediation process
- Coaching and individual feedback to mediators by trainers
- Roleplay session five
- Practising the middle phases of the mediation process
- Coaching and individual feedback to mediators by trainers
- Roleplay session six
- Practising the later phases of the mediation process
- Coaching and individual feedback to mediators by trainers
- Debrief of learnings
- Welcome and group reflection on managing anxiety as a mediator
- Roleplay session seven
- Assessment and individual feedback to mediators by trainers
- Roleplay session eight
- Assessment and individual feedback to mediators by trainers
- Roleplay session nine
- Assessment and individual feedback to mediators by trainers
- Debrief of learnings
- Welcome and group reflection on fundamental shifts in understanding of dispute resolution
- Roleplay session ten
- Assessment and individual feedback to mediators by trainers
- Roleplay session eleven
- Assessment and individual feedback to mediators by trainers
- Roleplay session twelve
- Assessment and individual feedback to mediators by trainers
- Debrief of learnings
- Discussion about marketing yourself as a mediator
- Discussion of post-course assignment and accreditation process
- Opportunity to meet informally.
Participants are required to complete a post-course assignment which is assessed and which contributes to their overall assessment. The assignment comprises the following:
- Drafting an Agreement to Mediate which the parties would sign before the commencement of the mediation.
- Submitting a written assignment in which they address the following:
- Discuss what you have learnt about yourself from this course, and what will you do differently in future when managing conflict and disputes.
- Discuss what practical steps you can take to promote the use of mediation in the work you do and more generally in South Africa.
In order to meet the International Mediation Institute standards for online training, participants who attend an online course are also required to:
- Conduct a one-hour in-person mediation role-play, and submit a recording thereof;
- Submit a written assignment in which they address the following:
- Explain how you would arrange the venue for an in-person mediation including having sufficient rooms, ensuring suitable refreshments and useful equipment, the layout of tables and chairs and the seating arrangements
- Explain how you would build rapport with parties for an in-person mediation.
- Compare the experience of in-person and online mediation, what is different and how you would adapt from online to in-person.