U.S. Mediation Qualification Training. Course Review

Similar documents
MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100 GENERAL PROVISIONS

AAA Dispute Resolution Board Guide Specifications Effective December 1, 2000

Representing Yourself In Employment Arbitration: An Employee s Guide

MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION TABLE OF CONTENTS

C.R.S (2011) This part 3 shall be known and may be cited as the "Dispute Resolution Act".

MODEL CLAUSES FOR ALTERNATIVE DISPUTE RESOLUTION

1) ICC ADR proceedings are flexible and party-controlled to the greatest extent possible.

Early Dispute Resolution in Family Law Disputes. June 2017

Complaints, Appeals and Dispute Resolution Policy 10 v July 2016

Minnesota Rules of No-Fault Arbitration Procedures

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 3 CIVIL RULES

MINNESOTA JUDICIAL TRAINING UPDATE PARENTING TIME EXPEDITOR VS PARENTING CONSULTANT

ADR CODE OF PROCEDURE

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA PIMA COUNTY ORDER AMENDING RULE 8 LOCAL RULES OF PRACTICE PIMA COUNTY SUPERIOR COURT

6 California Procedure (5th), Proceedings Without Trial

TWELFTH JUDICIAL DISTRICT DISTRICT COURT DIVISION FAMILY COURT DIVISION DOMESTIC RELATIONS CASE MANAGEMENT PLAN

LIST OF CHAPTERS VOLUME 1 INTRODUCTION TO ALTERNATIVE DISPUTE RESOLUTION IN COLORADO INTRODUCTION TO COLORADO AND FEDERAL LAWS OF ARBITRATION

Arbitration Law of Canada: Practice and Procedure

APPENDIX C CHAPTER 2: ETHICS PROCEDURES

The New York State Association of REALTORS Code of Ethics, Arbitration, Mediation and Ombudsman Rules, Regulations and Hearing Procedures

Local Rules effective January 1, 2018 TABLE OF CONTENTS

WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and Clauses. Alternative Dispute Resolution

2018 ADR Resource Handbook Florida Dispute Resolution Center

WIPO ARBITRATION AND MEDIATION CENTER

RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION

The Construction Specifications Institute

IN THE SUPREME COURT OF THE COMMONWEALm OF THE NORTHERN MARIANA ISLANDS

Dispute Resolution Service Procedure

Streamlined Arbitration Rules and Procedures

GUIDELINES CONCERNING COURT APPOINTMENTS OF DECISION-MAKERS PURSUANT TO C.R.S

AAA Employment Arbitration Flowchart

New AAA Rules Provide Straightforward Guidelines for Appeals

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED. Alternative Dispute Resolution (ADR) Information Guide

INTERVIEW QUESTIONS - WORKERS' COMPENSATION APPEALS POLICY AND PROCESS JURISDICTION: NOVA SCOTIA 1. STRUCTURE OF APPEAL PROCESS

REGULATIONS ON ARBITRATION Porto Alegre Chamber of Settlement, Mediation and Arbitration Federasul

Petitioner,, In Pro Per, and Respondent,, has been retained by Petitioner to advise and counsel Petitioner during the course of the

CHAPTER XX DISPUTE SETTLEMENT. SECTION 1 Objective, Scope and Definitions. ARTICLE [1] Objective. ARTICLE [2] Scope

Resolution Institute. Policy on the Accreditation and Register of Adjudicators

JAMS OPTIONAL ARBITRATION APPEAL PROCEDURE OPTIONAL APPEAL

RULE ON THE RESOLUTION OF COMPLAINTS AND DISPUTES IN ENERGY SECTOR

IVAMS Administrative and Arbitration Rules (Amended September 22, 2015) IVAMS Administrative Rules

1. Purpose. 2. Authority

Case: 5:14-cv JRA Doc #: 29 Filed: 01/28/15 1 of 6. PageID #: 284 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

OFFICE OF THE EXECUTIVE SECRETARY OF THE SUPREME COURT OF VIRGINIA

CHAPTER 4 ENFORCEMENT OF RULES

Analysis Prepared By the Wisconsin Employment Relations Commission

WIPO Arbitration and Mediation Center

Complaint Resolution Service (CRS)

Part I Arbitrator Qualifications

Discrimination and Harassment Policy

CLERK RULE 1 EFFECTIVE APRIL 1, 2014 RULE 1. INITIATING MEDIATION IN MATTERS BEFORE THE CLERK

GENERAL INSTRUCTIONS AND INFORMATION FOR FILING AND REPLYING TO REQUESTS FOR MEDIATION OR ARBITRATION (1) The North Shore-Barrington Association of

ADR in P.R. China. Zheng Rungao

Arbitration rules. International Chamber of Commerce. The world business organization

STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES

ARIAS U.S. RULES FOR THE RESOLUTION OF U.S. INSURANCE AND REINSURANCE DISPUTES

Alternative Dispute Resolution in Intellectual Property Disputes

Ethical and Practical Guidance to Avoiding Pitfalls When Drafting Arbitration Clauses. October 11, 2016

Mediator and Miscellaneous Provisions. ARTICLE 1 MEDIATION

INTERNATIONAL DISPUTE RESOLUTION PROCEDURES

LOCAL RULES AND PROCEDURES FOR THE CALENDARING OF CIVIL CASES DISTRICT COURT DIVISION

Website Terms of Use

Dispute Resolution Service. Guide to Arbitration Clauses

Substantive Best Practices Best Practices in Mediation/Arbitration

All Souls Church, Unitarian Conflict Resolution Policy and Process. December 2013

The ABTA Arbitration Scheme Rules

Litigation ATTORNEY CLIENT RELATIONS GENERAL PROCEDURES & PRACTICE. continued on page 2

Chapter 36 Mediation and Arbitration 2015 EDITION

1. BG s Constitution, its Regulations and the various conditions of membership, registration and affiliation together require that:

BY S.S. NAGANAND B.COM, LL.B, A.C.A SENIOR ADVOCATE

Recent Rule Changes in International Arbitration: Key Lessons for Practitioners

The court annexed arbitration program.

Supreme Court of Florida

Ethics and Compliance Committee Operating Rules

Rules Of Arbitration Of The Alternative Dispute Resolution Tribunal Of The Bar Association Of Nassau County, N.Y., Inc.

NOTES OF DISCUSSION OF THE PAPER PRESENTED ON THE SUBJECT AT THE NIGERIA BAR ASOOCIATION IKEJA BRANCH, APRIL 29, 2014

Family Court Rules. Judicial District 19B. Domestic

COMMON COURSE OUTLINE. Political Science POLS 1195 Conflict and Negotiation

to provide for alternate dispute resolution WHEREAS State is required to ensure inexpensive and expeditious justice;

ALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKAGE Effective July 2, Instructions to Plaintiff / Cross-Complainant

ARBITRATION IN FINLAND CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION. By Patrik Lindfors 1

Guidelines for the Conduct of an Arbitration Proceeding

UNITED STATES DISTRICT COURT. District of Oregon. Plaintiff(s), vs. Case No: 6:07-CV-6149-HO. Defendant(s). Civil Case Assignment Order

LUDWIG INSTITUTE FOR CANCER RESEARCH LTD. SCIENTIFIC INTEGRITY POLICY Statement of Policy and Procedure (SPP) 203

JAMS International Arbitration Rules & Procedures

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER FIVE FAMILY DIVISION RULES...124

SUPERIOR COURT OF THE STATE OF CALIFORNIA County of Nevada CASE MANAGEMENT INFORMATION SHEET

Model Expert Determination Agreement

1.1 The organization shall be called the Youth Justice Committee and shall hereinafter be referred to as the "committee".

CALIFORNIA RULES OF COURT Title 3. Civil Rules Division 8. Alternative Dispute Resolution Chapter 1. General Provisions

IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO ENTRY

Guide to WIPO Services

DRAFT RULES UNDER THE COMPANIES ACT, Chapter XXVIII: (Rules in respect of Clause 442: MEDIATION AND CONCILIATION PANEL)

Ethical Issues Arising in Alternative Dispute Resolution

CLASS ACTION DEVELOPMENTS IN EUROPE (April 2015) Stefaan Voet. Recommendation on Common Principles for Collective Redress Mechanisms

LeGaL Lawyer Referral Network Rules for Network Membership*

Community-Law Enforcement Mediation Program Standard Operating Procedures

Chapter 36 Mediation and Arbitration 2013 EDITION Declaration of purpose of ORS to

Transcription:

U.S. Mediation Qualification Training Course Review

Chapter 1: Conflicts and Dispute Resolution

Introduction to Conflict The Dynamics of Conflict The Conflict Spiral

Dispute Resolution Methods The Common Law The American System

Development of ADR The ADR Movement ADR in United States

Comparison of Methods Vertical vs. Horizontal The Neutral Facilitator

Chapter 2: The Texas ADR Act Model

Policy To encourage the peaceable resolution of disputes, especially disputes involving the parent-child relationship, and To encourage the early settlement of pending litigation

Mandate To the trial courts To the appellate courts

Referrals to ADR Initiating the Process Conference with Court Appropriate Referrals Selecting the Neutral Notification and Objection Resisting Referral Appellate Review

Chapter 3: Non-Binding Processes

Non-Binding Processes Mediation Neutral Evaluation The Mini Trial The Moderated Settlement Conference The Summary Jury Trial Non-Binding Arbitration Hybrid ADR Processes

Chapter 4: Binding ADR Processes

Arbitration Under Common Law Under Texas Statutes Texas General Arbitration Act Binding Arbitration in Texas Federal Arbitration Act Trial by Special Judge

Drafting Arbitration Agreements Forum Selection Choice of Law Scope of Claims Selection of Arbitrators

Procedural Issues Pleading Pre-hearing Conference Time, Date and Place of Hearing Conduct of Hearing Parties Default

Arbitrator s Award Remedies Issuance and Enforcement Vacation and Review

Chapter 5: Negotiations and Strategies

Methods of Negotiation Positional Bargaining Effect on Settlement Impact on Relationships Alternative Methods Focus on Interests Separating the Problem

Improving Communications Reducing Emotions Changing Perceptions Stepping into Their Shoes Collaborative Problem-solving Creating Viable Options

Chapter 6: The Mediation Process

The Process Nature of Mediation Mediator s Role Key to Success Mediation Atmosphere Mediation Attitude

Conducting the Mediation Mediator s Introduction Disclosures and Explanations Parties Commitments Authority to make decisions Time and good faith negotiations

Conducting the Mediation Parties Submissions Role of the Advocate Role of the Parties Mediator s Function

Conducting the Mediation Parties Negotiations Joint and Separate Conferences Obtaining and Transmitting Offers Creating and Testing Options Closing the Agreement

Chapter 7: Different Perceptions and Stereotyping

Perceptions Non-verbal Communications Verbal Communications Effective Listening Gathering Information Maintaining Neutrality

Stereotyping Cultural Differences Gender-Based Differences Socio-Economic Differences Special Skills Needed

Chapter 8: Duties, Standards and Qualifications

Duties, Standards and Qualfications Statutory and Ethical Rules and Guidelines Professional Standards Licensing and Credentialing

Chapter 9: Confidentiality

Confidentiality Policy Considerations Exclusion or Privilege Statutes and Court Orders Contractual Privileges Duty to Disclose

Chapter 10: The Settlement Agreement

The Settlement Agreement Legal Effect Enforcement as a Contract Consent Judgments Incorporation in Decree Withdrawal of Consent The Family Law Statute Memorandum of Understanding

Chapter 11: Impasse and Barriers to Settlement

Impasse and Specific Barriers to Settlement Impasse Happens Impasse Avoidance When Impasse Occurs Specific Barriers to Settlement

Chapter 12: Designing an ADR System Traditional Methods ADR Processes

Traditional Methods Employment Grievances Open-Door Policy Ombudsman Grievance Plans Compulsory Arbitration

ADR Processes System Design Examining Program Designs The Needs Assessment Selecting the Model Obtaining Critical Support Designing the ADR Plan Implementing the Program Creating a Fair System