PSC ELECTIVE
Alternative Dispute Resolution

Intended audience:
Trainees

Duration:
6 hours

Format:  
Plenary sessions and practical exercises

Objectives:
The objectives of this course are to:

  • Introduce trainees to the various types of alternative dispute resolution (ADR)
  • Explore the role and importance of ADR in resolving disputes / complying with the Civil Procedure Rules (CPR)
  • Provide trainees with the skills required to both identify cases suitable for mediation and to take a case through mediation

Topics:

  • Types of ADR
    • The dispute resolution spectrum
    • Needs and interests versus rights and duties
    • Adjudicative and consensual model
  • The advantages of mediation
  • Persuading clients and opponents to use ADR
  • Selecting the mediator
  • The mediation agreement
    • Typical content
    • Effect
  • Preparing to mediate
    • Client and mediator
    • Case summary and documents
  • Mediation day: the process
  • Successful and unsuccessful outcomes
    • Settlement agreement – practical and legal effects
    • No-settlement options
  • Effect of the CPR on ADR

Case study exercises:
Trainees take part in simulated mediation exercises as well as a practical exercise to demonstrate their understanding of the advantages of mediation.

Outcomes:
The success measures for the course are that trainees:

  • Acquire a basic understanding of the theory of ADR and its place in the dispute resolution process under the CPR
  • Acquire familiarity with the use of ADR
  • Gain confidence in their ability to identify cases suitable for mediation and take those cases through the mediation process

Training Team

Neil Seligman

Module Leader
Neil Seligman

Trainer
Arthur Moore

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t. 01454 550066, e. info@fdg.uk.com, w. www.freshpd.com © Fresh Professional Development Ltd. 2017

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