1. Conference - Civil Justice in the EU Riga – December 11 2009 Mediation Techniquesby Paul Randolph

2. What is Mediation ? Misconceptions Misconceptions A Form of ADR A Form of ADR Third Party Neutral Third Party Neutral Facilitated Negotiation Facilitated Negotiation Win–Win Outcome Win–Win Outcome

3. The Mediation Process Pre-Mediation Meetings Pre-Mediation Meetings First Joint Session First Joint Session Opening Statements Opening Statements Private ‘Caucus’ Sessions Private ‘Caucus’ Sessions Joint Sessions Joint Sessions The Settlement Agreement The Settlement Agreement

4. Litigation. CPR and Rules of Evidence Rights and Rights and Obligations Obligations Remedies Remedies CPR and Rules of Evidence Formal Lengthy Costly Destructive WHAT? HOW? WHY? Public Adversarial

5. Mediation. Rights and Rights and Obligations Obligations Remedies Informal Speedy Collaborative Therapeutic What? How? Why? Needs and Interests Aspirations and Wishes Confidential Cheap

6. Negotiation Negotiation is  positional  strategic leading to:  entrenched positions  splitting differences Mediation  focuses upon needs and interests  enables creative settlements

7. Issues of Regulation Issues of Regulation Mediation Standards Mediation Standards  Training  Quality of Mediators  CPD Accreditation Accreditation  The UK Experience  MoJ and CMC EU Directive EU Directive

8. Objections to Mediation Valid Valid  No Definitive Ruling  No Deterrent  No wish to delay Non Valid Non Valid  Client wants “Day in Court”  A sign of weakness  No wish to compromise  Waste of time and money

9. Psychology of Conflict Emotions versus Reason Emotions versus Reason Amygdala Hijack Amygdala Hijack Emotions and Behaviour Emotions and Behaviour Emotions Reveal Emotions Reveal

10. The Role of Self Esteem Importance of Self Esteem Importance of Self Esteem Behavioural strategies Behavioural strategies Coping mechanisms Coping mechanisms

11. Values & Value Systems Creation of Value Systems Creation of Value Systems Sedimented Values Sedimented Values Challenging Values Challenging Values Working with Values Working with Values

12. The Need to be Heard Need for self-expression Need for self-expression Being Heard Being Heard Being Valued Being Valued Getting to “Good Enough” Getting to “Good Enough”

13. The End 10