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Mediation

Mediation 101: A Crash Course

Last updated: 2024

Mediation is a collaborative & creative dispute resolution method. It is a negotiation facilitated by a trained and skilled neutral professionally.

Mediation has surged in India and offers a quick, cost-effective way to settle disputes.

Course info at a glance

Language: English

Level: Basic

Mode: Distance

Duration: 3 months

Next Batch Starts: 1st May 2024

Course Fee: INR 5,000 + 18% GST

Requirements: Higher Secondary Pass Grade. General Internet and Social Media Awareness

Assessments: A 100 mark open-book ONLINE exam. Score at least 40% to pass.

Last date for receipt of application and fee: 30th Apr 2024

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What you will learn

Address and deescalate conflicts
Effectively negotiate workplace and business transactions
Draft amenable and feasible conflict resolution clauses in contracts and agreements
Represent clients in mediation and resolution talk
Pursue a sustainable career in dispute resolution
Gain a practical understanding of the mediation profession in India

Who is this course for?

Law and Humanities students
Business and Management students
Business Owners
HR Professionals

Syllabus

What is Mediation?
Who is a Mediator?
When can Mediation be initiated?
Why does Mediation work?
Where does Mediation stand among dispute resolution processes?
How does the Mediation process function?

What is the Collaborative Approach to Conflict Resolution?
How do you distinguish between Rights, Interests and Positions?
What is the Mediator’s Role in Conflict De-escalation?
Why is Mediation defined as “A Facilitated Negotiation?

Voluntary Participation
Neutral Facilitation
Confidential Communications
Autonomous Solutions

What is the role of the case manager?
How do Mediators / Mediation Institutes bill for their services?
What kind of documentation is involved in Mediation?
How do parties choose the Mediator?
Why does the Mediator engage in pre-Mediation preparation?
When and where do lawyers get involved in Mediation?
How can subject experts participate in Mediation?
How can parties opt for Co-Mediation?
What are the concluding steps of a Mediation?
Why would a Mediator prematurely terminate a Mediation?

What are the essentials of an ideal Opening Statement?
How does the Mediator formulate the Agenda for the Mediation?
Why are open-ended questions crucial to a Mediator’s language?
What is the Mediator’s top most communication tool to control emotions?
When does a Mediator break into a Caucus?
Why does a Mediator coach parties before anchoring offers?
How does a Mediator break an Impasse?
When does a Mediator engage parties in the exercise of reality testing?
What is the role of a mediator in drafting a Mediation Settlement Agreement?
What is the role of a mediatior upon conclusion of a Mediation?

How does one train to be a professional Mediator?
What goes into building a career in Mediation?
What are the best practices while Mediating via technology?
What is the credibility of a Mediation Settlement Agreement?
What are the key features of the proposed Mediation Legislation?
How do you measure the success of a Mediation?

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What's included?

Mediation Simplified (Ebook)
FAQs on Mediation Act, 2023
Exclusive Digital Courseware
6-hours on-demand videos
Mobile device access
Anytime exam
Printed, verifiable course certificate

Course Description

Mediation is an internationally recognized form of alternative dispute resolution – focused on collaboration, creativity and closure. Mediation is quite simply defined as a negotiation facilitated by a professionally trained and skilled, neutral person.

Mediation has gained tremendous momentum in India in the post-pandemic era and is set to become the primary mechanism for parties in dispute, who are seeking a time-effective, cost-efficient and confidential forum to resolve contentious issues in business relations, personal lives and community affairs.

Asian School of Cyber Laws has affiliated with The PACT to launch this basic course in Mediation.

The PACT has been a pioneering mediation education firm, equipping the next generation of Indian lawyers with collaborative dispute resolution skills since 2016. The PACT has worked with over 12,000 students and professionals from across India, creating diverse platforms for learning, competing and networking.

Course supported by industry leaders:

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Course Co-Designer

Jonathan Rodrigues is certified civil, commercial and workplace mediator, with an academic background in Psychology and Law at Goa University, India.

Jonathan graduated from his LL.M. studies in Mediation and Conflict Resolution with Distinction from the University of Strathclyde, UK.

Course Co-Designer

Nisshant Laroia is a Mediatior, Advocate and Partner at The PACT. He is an Accredited Mediator at The Indian Institute of Corporate Affairs (IICA), Government of India, the Indian Institute of Arbitration & Mediation (IIAM).

He is also a Certified Cross-border mediator & Scholar, PSMA, Charles University, Prague. He is an Accredited Mediation Advocate with SCMA, London.