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mediation advocacy

1 Day Course



Lord Justice Jackson’s review into dispute resolution, and the Government announcement of a three month Consultation on its plan to review workplace dispute resolution processes and employment laws as part of introducing a new Employers Charter, demonstrates that mediation is firmly on the agenda for the coalition government. Mediation awareness and use will continue to increase. Latest employment tribunal figures reveal a 56% year on year increase in the number of cases going to tribunal with the largest impact coming from unfair dismissal, redundancy and breach of contract claims. Just under 1/4 million cases went through the UK employment tribunal system last year. Quite simply, this is unsustainable. Workplaces across all sectors are also experiencing high levels of change and upheaval as they respond to the downturn in the economic environment. The introduction of the new ACAS code is also acting as a prompt for employers, employee representatives and employment lawyers to commission more mediation cases.

With litigation and mediation offering opposing forms of dispute resolution, it is critical that those giving legal advice are equipped with the specifics of mediation and have a practical understanding of how it works. This is an excellent time to understand more about how the mediation process works and how representatives can advise clients about engaging in the mediation process. Ensure that your organisation is fully aware of the need to know facts surrounding mediation, and how to best support your clients, by attending this course on mediation advocacy.

Aim of the course

This course provides an overview of the topics surrounding mediation advocacy. It will equip solicitors, barristers and other representatives with the knowledge of what to expect pre, during and post mediation to enable them to accurately advise their clients. Attendees will gain a thorough understanding of each stage of the mediation process and know how to prepare for, and manage it.

I therefore recommend that there should be a serious campaign to ensure that all litigation lawyers and judges are properly informed of how ADR works, and the benefits that it can bring
— Lord Justice Jackson, January 2010

Course content

The exact content can be tailored to meet the specific needs of your organisation, based on existing experience but the core topics will include:

Understanding mediation

• A history of mediation
• Mediation in context
• The mediation process

Mediation and your clients

• When might mediation be appropriate?
• Promoting the process
• Managing client expectations
• Commissioning a mediation
• Mediation – part of the legal service offering

Preparing for mediation

• Managing the process
• Who does what and when?
• Practical steps to take
• Pre mediation
• Mediation documentation

The mediation itself

• Advising your client
• What to expect
• Negotiation
• Reaching settlement 

Post mediation

• What happens now? 
• The ongoing client relationship
• Clarification and questions

The session is delivered by solicitors and utilises a combination of interactive exercises and a mediation demonstration.


Who Should Attend?

This course has been designed for solicitors, barristers and other representatives seeking an enhanced understanding of the mediation process and how to best utilise it.  


This course is available on an in-house only basis - please contact us for further information.