MASTERING COMMERCIAL MEDIATION - Train to become an accredited commercial mediator. The Swiss Chamber of Commercial Mediation (CSMC-R) is offering ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MASTERING COMMERCIAL MEDIATION
Train to become an accredited commercial mediator.
The Swiss Chamber of Commercial Mediation (CSMC-R) is offering the first specialised
course on commercial mediation with TOOLKIT Company, a Dutch ADR Training and
Consulting Company The training is recognised and approved by the CSMC/SKWM and the
Federation of Swiss Mediators (FSM) for 40 hours of specialised training in Commercial
Mediation.
This course is developed for experienced mediators as well as young mediators, and dispute resolution
professionals seeking to develop skills in domestic and international dispute resolution, is designed to provide
practical skills and knowledge that will be of assistance in planning for and conducting commercial mediations.
While it is primarily aimed at providing specialized certification for commercial mediators, it is likely to benefit
lawyers, in-house counsel, judges and arbitrators who are interested in knowing more about commercial
mediation, including in mixed-mode procedures.
Research conducted by Utrecht University (UU | ZAM | ACB 2018) suggests that commercial disputants are
demanding and seek a broad range of professional mediation skills. They seek proactive dispute professionals
who can support the parties not only as a process architect but also as a person who can pre-empt and understand
their procedural needs. This is not only to achieve cheaper and better outcomes, but to do so in expedient ways
that can take into consideration relationships, concerned stakeholders and a broader community of interests.
They also appreciate evaluative input on key issues, which commercial mediators should be able to help the
parties address, whether by bringing in third party experts, or by providing opportunities for reality testing,
mediator proposals or working with the parties in caucuses, as well as working in joint sessions to explore how to
convert business risks into business opportunities. Process design and knowing how to work effectively with
clients and their lawyers are key features of commercial mediation. Knowing how to help them prepare, and the
type of commercial mediation desired (e.g., facilitative, transformative, evaluative or a mixture of the above) is a
skill that is required at all stages of a dispute: before it has arisen, in the early stages, in the mid stages, or the late
stages of a commercial dispute. Both lawyers and companies who have been surveyed indicate that they are less
likely to hire a generalist mediator as opposed to a commercial mediator who is able to work in a commercial
environment, understanding and assisting the parties to identify and address their business interests looking to
the future. These findings are in keeping with earlier research conducted by IMI, which found that approximately
80% of the companies wish to increasingly use commercial mediation to resolve internal and business-to-business
disputes, whether domestically or internationally.
Toolkit Company is specialised in negotiation and commercial mediation training. The company has designed the
assessment tool for mediators who want to become IMI certified and closely collaborates with and ACB
Foundation – the Dutch accredited QAP for mediators, mediation advocacy and cross-cultural mediation. It is a
Netherlands-based institute that teaches in several countries and has designed this course to teach pragmatic and
practical ways of preventing, planning for, preparing, managing, conducting and closing commercial dispute
resolution processes. The training includes 40 recognised Continuing Professional Development (CPD) hours, for
people seeking to become CSMC/SKWM and/or FSM/SDM commercial mediators.
This training is particularly suited to Swiss mediators wishing to specialise in commercial mediation, and
for experienced dispute resolution professionals seeking to learn more about domestic and international
commercial dispute resolution processes. It is organised as follows:
• Participants will learn over a period of five days, under the guidance of experienced commercial
mediators, essential skills to professionally prepare for, guide, manage and conduct a commercial
mediation. You will be coached to master the design and conduct of mediation processes including
‘process-architecture’.
• Participants will gain substantive practice based on role-plays and exercises based on real commercial
disputes, working for several hours on the same case in teams, so that each participant can cycle through
an entire mediation process, including the finalizing stages.
• In addition to learning through a combination of lectures and applied role-plays, the trainers will share
experiences from real cases, provide insights into a wide range of practices, and share key factors for
conducting successful commercial mediations.
This training is also designed to accommodate commercial users and their advisors or advocates who wish to
learn how to initiate commercial mediators, select commercial mediators, prepare for and successfully
participate in commercial mediations.
• The course will start with a first day training to review core learnings and concepts of mediation, to ensure
that participants with different backgrounds and levels of practical experience are able to integrate the
course and understand the diverse ways in which commercial mediations may be handled around the
world.
• Students who are new to mediation will receive additional reading literature to study beforehand and the
opportunity to attend an online preparatory lecture on the basics of mediation, as compared to
conciliation and arbitration.
• Because participants will practice commercial mediation cases working in small groups, participants will
learn about commercial mediation not only from the perspective of mediators, but also as parties and
advocates.
Merging science and commercial practice
This course is designed to teach state of the art best practices. meeting the highest academic and international
standards in commercial mediation. It is based on the book Toolkit Generating Outcomes a pioneering work in
the field of ADR, which is provided in electronic format as companion texts to the training. The reference booklets
Pocket Toolkit Mediation Advocacy as well as Pocket Toolkit for Commercial Mediators will also digitally be
provided to participants. They contain insights from the latest breakthroughs in the neurosciences, social sciences
and in terms of pedagogy. Using new pedagogical approaches to teaching negotiation and mediation, this 40
hour module uses creative learning techniques such as the Toolkit Board Game, as well as a Toolkit Mediation
Intervention & Techniques module. Varied teaching methods like fishbowls, live and video demonstrations,
exercises and case studies as well as simulations are used to accommodate different learning styles and to
enhance the learning experience for all attendees, to ensure a deep and long-term learning experience.
TOPICS COVERED
1. The role of the commercial mediator: conflicts of 18. Helping the teams to prepare for a joint meeting in
interest, time availability, cost control, obligations of commercial mediations
means 19. Mixed Mode processes: MEDALOA, MED-CON,
2. Different ADR mechanisms available in commercial ARB-MED, swapping hats, etc.
cases (including but not limited to negotiation, 20. Participation in writing a settlement agreement
mediation, conciliation, arbitration and litigation) and/or endorsing a settlement agreement
3. Different corporate structures and cultures (including 21. Marketing and building a commercial mediation
partnerships, corporations, associations) practice: dos and don'ts
4. Stakeholder analyses (owners, officers, directors, 22. Commercial Mediation Ethics (at least 8 hours)
employees, clients, suppliers, unions, etc.) i. Dealing with unequal parties / asymmetry issues
5. Confidentiality (before, during and after mediation) ii. Caucusing. confidentiality and ethical issues
6. Working with lawyers (external - & in-house counsel) raised by caucusing/confidentiality
7. Working with experts iii. Terminating the process
8. Working with other neutrals (co-mediation, or iv. Exceptions to confidentiality (e.g., conspiracy to
ongoing other proceedings) commit crimes)
9. Multi-party mediations v. Issues affecting perceptions of neutrality,
10. Common interests and metrics in commercial impartiality and/or independence
mediations (revenues, profits, relationships, vi. Procedural fairness
stakeholder impacts, reputations, etc.) vii. Dealing with difficult participants
11. Cross-cultural and international commercial disputes viii. Compensation, billings and related ethical issues
12. Use of caucuses and non-caucusing ix. The role of the commercial mediator as norms
13. Process design and different mediation styles that generator, norms educator, or norms
can be provided by a commercial mediator (e.g., advisor/evaluator (e.g., if, when and how to be
facilitative, evaluative, transformative) evaluative)
14. Limits to the role of the mediator 23. Dealing with emotions and social dynamics in a
15. Administered /"institutional" v. Non-administered / business setting
"ad-hoc" commercial mediations 24. Evaluative mediation techniques (reality testing,
16. Tools for diagnosing commercial mediations (Riskin bracketing,
Grids, the Glasl escalation scale, etc.) 25. mediator proposals, probing questions)
17. The 7 stages of a commercial mediation 26. Directive mediation techniques (preparations,
i. Preparation (e.g., the need for a mediation agendas, time management, issue orientation, use of
agreement resources, etc.).
ii. Opening phases of a commercial mediation
iii. Exploration phase or mediation and agenda-
setting
iv. Option Generation phase & brainstorming
v. Negotiation phase (understanding BATNAs /
WATNAs / RATNAs, positional v. interest-based,
dealing with numbers, bracketing techniques,
etc.)
vi. Closing phase (settlement agreements and
partial settlements)
vii. Compliance phase (e.g., Singapore Convention,
homologation, notarization, and consent award
issues)
Who should attend?
• Experienced mediators and mediators in training
• Experienced ADR professionals wishing to specialize in commercial mediation
• Corporate counsel wishing to know more about how commercial mediation works
• Lawyers wishing to know more about how commercial mediation works
To be able to successfully participate in this course participants need to meet the following criteria:
• Sufficient fluency in English (reading and spoken)
• A minimum of 2 years professional work experience in an executive, legal, financial, management or other
business professional function.
• A university degree or higher education level.
• If you have not completed a prior general mediation training you need to commit to complete the
required preparatory readings and participate in the preparatory online workshop before the training
starts.
Before the Course
• A questionnaire will be sent out beforehand to gauge information about the participants’ knowledge,
experience and expectations. People may be organized into teams based on this information.
• Given the mix of participants expected [from beginners to mediators with a deep professional experience
in mediation in general, as well as lawyers and in-house counsel, initial online sessions of 1-2 hours will
be offered online before the course begins.
• The digital book Toolkit Generating Outcomes | Mediation - Negotiation will be sent to all course
participants and should be reviewed.
Course Outline
• Module for professionals wishing to specialize in commercial mediation
• 40 Continuous Professional Development hours (certified by CSMC-R)
• 5 days (10h00-18h30) + 1 evening (20h00-22h00) including dinner
• 3 trainers (Toolkit Company, NL and CH)
• Number of participants: 12 (minimum) – 20 (maximum)
• Dates: July 10, 11, 13, 14, 15 2020 (July 12 is free)
• Location: Chambre de commerce, d’industrie et des services de Genève and
1 day at Perle du Lac, Geneva, Switzerland
• Fees:
CHF
Early bird rate for CSMC/SKWM & FSM members (Sign up by March 15th 2020) 2,900.00
CHF
Early bird rate (others) (Sign up by March 15th 2020) 3,400.00
CHF
Normal rate for CSMC/SKWM & FSM members (Sign up by June 19th 2020) 3,335.00
CHF
Normal rate (others) (Sign up by June 19th 2020) 3,910.00
Late rate for CSMC/SKWM & FSM members (Sign up between June 20th-July 8th CHF
2020) 3,835.25
CHF
Late rate (others) (Sign up between June 20th-July 8th 2020) 4,496.50
• Breakfast, lunch and coffee breaks included (evenings free, save for 1 night)
• Course books (Digital): Toolkit Generating Outcomes as well as Pocket Toolkit for the Commercial Mediator and
Pocket Toolkit Mediation Advocacy.
• +1 optional additional assessment day at the end for mediators wishing to become IMI certified) (Fee
CHF800/950), please contact us (manon@toolkitcompany.com) if you are interested to receive more information.
Methodology
• Lectures and group discussions
• Case studies
• Summaries and checklists using practical tools that help to summarize and diagnose key concepts from a
commercial mediation perspective (e.g., tools and techniques, steps in the process, interests and
positions, focusing on different types of mediation and evaluative v. non-evaluative and a use of a revised
Riskin Grid classification system).
• A framework for putting cultural issues (whether national, professional, or corporate) into perspective to
help prepare for mediations
• Homework and reading assignments
• Use of videos
• Practice will be an important part of this course. Role plays will be used throughout the course:
• for plenary demonstrations (to cover all stages of a commercial mediation process,
including post settlement agreement and non-settlement issues)
• for group sessions to practice different aspects at different stages of a commercial
mediation process, including managing tough situations
In addition to learning in class participants can prepare themselves through a webinar.
Follow-up and potential IMI accreditation for mediators with more than 10 cases of experience
• An additional 6th (or depending on the amount of participants 7th day will be offered for the price of CHF 800/day
for CSMC & FSM members or CHF 950/day for non-CSMC-FSM members, who may wish to become certified by
the International Mediation Institute (IMI).
• An assessed role play will be conducted for a maximum of 6 people, who would be assessed by 2 assessors (using
the Toolkit/ACB IMI tool).
Online or offline personalized coaching sessions are also available as follow-up.
After the training participants who would like to go for certification have several options for add on modules
that lead to certification
Course instructors
The training program is led by Manon Schonewille, a leading international trainer, academic, author, and commercial
mediator, together with Huub Liefhebber of Toolkit Company (NL) and Jeremy Lack of LawTech (CH).
Manon Schonewille
A leading trainer, academic, author and commercial mediator at S&S Business Mediation in Rotterdam, The Netherlands and
founding partner in Toolkit Company. She is an IMI certified mediator, an IMI certified mediation advocate, accredited by
the Dutch Mediators Federation (MfN register mediator), member of the Dutch Commercial Mediators Chamber (ZAM) and
member of the Dutch Mediators Association, NMV (NMV mediator). Manon developed and taught mediation and
negotiation in four continents and at Utrecht University in the Netherlands and is the author of several articles leading books
on mediation, deal mediation and negotiation. You can find her profile here.
Huub Liefhebber
An internationally active consultant, mediator and facilitator specialized in workplace issues and trainer in the field of
mediation, negotiation and decision making. Huub takes an interdisciplinary approach by combining the latest findings in
neuroscience and psychology with approaches to management consulting and coaching, focusing on practical implications.
Before joining Toolkit Company he worked as a consultant and manager at companies such as ATOS Origin and ING
Insurance Company and he has a broad experience in professional services.
Jeremy Lack
Jeremy is a common-law and civil-law lawyer and ADR Neutral with offices in Geneva and London, who specializes in the
prevention and resolution of international commercial disputes and bespoke dispute resolution processes, including hybrid
proceedings and cross-border disputes. He is also an IMI certified mediator, an IMI certified mediation advocate, and a
panelist with IMI, ICDR/AAA, CPR, ICC, CEDR, CMAP, SIMC, WIPO, INTA, and other ADR organizations. He is a Door Tenant
with Quadrant Chambers in London, and of Counsel to Charles Russell LLP in Switzerland and the UK and Helvetica Avocats
in Switzerland. He is an accredited SKWM/CSMC and FSM mediator, and advisor to the Geneva Chamber of Commerce
and Industry, a member of the Geneva State Council’s Recommendations Committee, and the president of the CSMC-R.information & related websites
E: info@toolkitcompany.com | T: +31 (0)657 30 79 64 | Houtlaan 20 D | 3016 DA ROTTERDAM | The Netherlands
www.toolkitcompany.com | www.acbmediation.nl | www.imimediation.org
Organizers and partners
This course, taught by TOOLKIT COMPANY (NL) is provided by the Swiss Chamber of Commercial Mediation, and is
supported by the Geneva Chamber of Commerce and Industry.
TC - TOOLKIT COMPANY
TOOLKIT COMPANY (“TC”) is a Dutch company that was created in 2004 as part of a European project to develop innovative
training materials and international consulting services. It is co-founded by Manon Schonewille and Huub Liefhebber. Since
its inception the company developed into a knowledge and training center for Dispute Resolution & Deal Making. TC is
involved in several leading international consulting and training projects and has developed innovative training know-how
and materials, such as educational games and a range of books and other TOOLKIT COMPANY publications and are used
in Europe, North America, Australia and in the Middle East. Checklists on mediation and negotiation techniques can be
downloaded from their website from the Resource Center section. Articles on dispute resolution can also be found there.
ATTENDANCE IS LIMITED TO 20 PARTICIPANTS. TO REGISTER, CLICK HERE
MASTERING COMMERCIAL MEDIATIONYou can also read
