I. History of Mediation II. Overview of ADR Legislation in Texas III. Conflict Resolution Theory Topics:
Definitions, Types of Conflict, Sources of Resolution, and Responses to Conflict.
Conflict Resolution Continuum
Interest-based, collaborative problem solving
IV. Mediation Theory and Practice Topics: A. Definition of mediation B. Role and characteristics of mediators C. Theory of mediation D. Benefits of the mediation process E. Differences in third-party roles: mediators, arbitrators, and judges F. Approaches to negotiation G. Range of styles, types of mediators and mediations H. Impact of diversity issues I. Court systems and procedures V. Mediation Process and Techniques A. Elements of the Mediation Process 1. Preliminary arrangements 2. Opening and structuring the mediation session 3. Introduction/orientation of disputants/attorneys 4. Gathering and exchanging information (venting/opening statements) 5. Issue and problem clarification 6. Generating options 7. Bargaining and negotiation 8. Agreement writing/enforceability 9. Closure B. Techniques 1. Trust building 2. Reframing 3. Keeping on track, following agenda, managing process 4. Focusing on interests vs. positions 5. Building on partial agreements 6. Caucusing 7. Reality testing 8. Working with third parties 9. Managing difficult people or strong emotions VI. Self-Awareness Topics: A. Diversity/cultural awareness (personal biases) B. Language differences C. Conflict style D. How the trainee responds to conflict E. Personality style VII. Ethics Topics: A. Conflict of interest/appearance of impropriety B. Neutrality/impartiality C. Confidentiality D. Sample of standards recommended by dispute resolution professional organizations E. Staying in the role of mediator F. Violence, substance abuse, child abuse & neglect, screening, reporting and legal issues G. Power imbalances H. Liability I. Misuse of process J. Protecting the process K. Awareness of various organizations’ ethical guidelines and grievance processes VIII. Communication Skills Skills include: A. Listening B. Note taking C. Questioning D. Nonverbal communication (i.e., eye contact, body language) E. Restating and clarifying F. Use of neutral language G. Drafting the agreement H. Recognizing feelings and emotions of parties IX. Professional Considerations Topics: A. Professional organizations B. Networking C. Practicum D. Continuing education E. Aspects of establishing a practice F. Community service G. Role Play
**This course is designed to satisfy the 40 classroom hours of training as indicated in the Texas Alternative Dispute Resolution Act § 154.052, Tex. Civ. Prac. & Rem. Code Ann. This course also meets the Texas Mediator Trainers Roundtable's requirements.
