Commercial Mediation

About the Course

This 5-day comprehensive Commercial Mediation training course is developed to equip delegates with an in-depth understanding of commercial mediation as an alternative dispute resolution. The overall success rate of commercial mediation is 92%, according to the 10th CEDR Mediation Audit 2023 – due to the fact that it is party-driven, the parties can come up with flexible solutions. Mediation also protects business interests more as it is more conducive to reaching amicable solutions. Mediation is private and confidential -unlike public trials- which helps decrease reputational risks and is considerably more cost-effective than litigation or arbitration.

In addition, it aims to equip delegates with a skill set that will help them negotiate better to find common grounds and sustainable solutions for their businesses rather than engaging in costly litigation. Cross-cultural awareness will be discussed as an important aspect of resolving intercultural (commercial) disputes, and techniques will be provided to aid delegates in overcoming the most common cultural barriers and thereby hone their ability to settle cross-cultural conflicts effectively.

Mediation is considered extended negotiations between disputant parties facilitated by a third-party neutral in their efforts toward a settlement; mediation skills are crucial for essentially any professional. The ability to understand and conduct commercial mediation and facilitate negotiation leads to an increased level of empowerment of the parties involved – rather than having a court of law take a binding decision for the disputants.

This highly practical and interactive training program covers some more theoretical aspects of commercial mediation, such as conflict theories or the process of civil- and commercial mediation; legal considerations pertaining to standard mediation clauses in commercial contracts or settlement agreements; negotiation tactics or how to boost one’s bargaining power; cultural awareness as an essential aspect of cross-cultural disputes and the ability to develop techniques to overcome implicit biases. Delegates will get hands-on experience followed by actual simulated mediation sessions where they will be able to hone their mediation skills through simulated mediation- and negotiation scenarios to consolidate and apply their newly acquired skills in a relaxed and playful environment.

Core Objectives

The delegates will achieve the following objectives:

• Understand conflict theory to analyse disputes
• Identify conflicts that are suitable for commercial mediation
• Know the basic principles of commercial mediation
• Identify the main considerations about the choice of commercial mediation
• Understand the nature and process of commercial mediation
• Understand standard mediation clauses in commercial contracts
• Explain key principles of settlement agreements and their enforcement
• Apply advanced negotiation tactics
• Apply positive communication techniques and demonstrate the ability to reframe messages successfully
• Discuss main considerations relating to cross-cultural awareness

Training Approach

This training course will be highly interactive. The input sessions in the morning will be followed by simulated professional practice sessions, during which delegates will be able to immediately put their newly acquired skills and knowledge into practice through various role-plays.

The Attendees

Mediation skills are transferrable to not just any professional field but essentially to any social or interpersonal interaction, so delegates will be able to successfully apply these skills in every aspect of their lives.

It will be suitable to the professionals but not limited to the following:

• Legal Professionals
• Business Executives
• Managers
• Salespeople
• HR Specialists

Daily Discussion

DAY ONE: INTRODUCTION TO COMMERCIAL MEDIATION

• Understanding the Nature and Psychology of Conflicts
• What is Alternative Dispute Resolution and Mediation
• Commercial Interests and Legal Rights
• Context of the Conflict: ADR and Litigation
• Adjudicative and Non-adjudicative ADR Options
• Process Selection and Design
• Civil- and Commercial Mediation – As an alternative to litigation
• Commercial Mediation: Advantages and Considerations

DAY TWO: MEDIATION CLAUSES IN COMMERCIAL CONTRACTS AND MEDIATION SETTLEMENTS

• Standard Mediation Clauses in Commercial Contracts
• Enforceability of Mediation Clauses
• Regional and International Instruments
• Obligation to Advise on Mediation Option
• Mediation Agreements as Provided by the Mediator
• Mediators’ Role in Settlement
• Mediation Settlements in Civil- and Commercial Disputes
• Enforcement of Mediation Settlements 

DAY THREE: THE MEDIATION PROCESS

• Commercial Mediation Models
• The Mediation Process
  • Pre-mediation Practicalities
  • Stages of Mediation
  • Time-frame and Related Considerations
  • Opening Channels of Communication
  • Facilitating Understanding by Building Bridges
  • Informed Negotiations
• Mediated Solutions
• How to choose a commercial mediator

DAY FOUR: MEDIATION AS EXTENDED NEGOTIATIONS

• Mediation: “Negotiation facilitated by a trusted neutral person.” (M. Leathes)
• Facilitation and Finding the Common Ground
• “Getting to a Yes Method”
• The Negotiator’s Individual Perspective
• How to Measure the Playing Field
• Assessment of Conflict Sources and Values
• Understanding the Other Side
• How to Boost Bargaining Power

DAY FIVE: CROSS-CULTURAL AWARENESS

• How cultural differences may alter the effectiveness of the outcome
• Differences in Communication Methods
• The Role of (implicit) Biases: Assessment, Awareness, and Impact
• Intercultural Disputes and Language Barriers
• Intercultural Disputes and Culturally-driven Interests
• Language as a Social Instrument
• Verbal- and Non-verbal Communication
• Developing Cross-cultural Awareness
• Techniques to Effectively Settle Cross-cultural Conflicts