Mediation Training

General Mediation Training held at the Fayette County Courthouse

The Mediation Division of Court Services at the Administrative Office of the Courts held a General Mediation Training at the Fayette County Courthouse July 16-20, 2007.

One of the highest priorities of the Mediation Division is to provide Kentucky courts with qualified mediators. The department offers a minimum of four highly acclaimed seminars each year. Each seminar follows nationally recognized guidelines to foster consistent, quality training for mediators in Kentucky. Training is recommended for the novice mediator, and also for the experienced mediator that has not previously received formal training. As in other professions, ongoing training, education, and experience are necessary components to becoming a truly competent mediator.

Subject areas covered in a basic 40-hour training program are:

1. History of Mediation. Rationale: Mediation has evolved over time and continues to evolve today; trainees need an understanding of the historical perspective.
   
2. Overview of Mediation Rules and Guidelines in Kentucky. Rationale: Trainees are introduced to key aspects of mediation rules and guidelines in order to comply with relevant legal requirements.
   
3. Conflict Resolution Theory. Rationale: Trainees learn to differentiate between mediation and other forms of dispute resolution. Topics include:
   
   1. Definition, types of, and responses to conflict
      
   2. Dispute resolution continuum
      
   3. Win/win collaborative problem solving
      
4. Mediation Theory and Practice. Rationale: Trainees acquire a theoretical grounding to fully understand the mediation process. They are made aware of the full range of mediation models available in order to serve parties most effectively.
   Topics include:
   
   1. Definition of mediation and characteristics of mediators
      
   2. Theory of mediation
      
   3. Benefits of mediation process
      
   4. Differences in the roles of judges, mediators, and arbitrators
      
   5. e. Range of styles, types of mediators and mediations
      
5. Court Process. Rationale: Knowledge of the court process provides a realistic framework for the trainee to help parties evaluate options. Topics include:
   
   1. The route and manner in which a case is referred to mediation
      
   2. The consequences of a mediated agreement as well as failure to reach an agreement
      
   3. State rules, statutes, and local procedures governing a particular type of mediation program
      
   4. Knowledge of the various types of disputes which may arise in a particular type of mediation program
      
   5. The difference between post-filing and pre-filing mediation
      
6. Mediation Process and Techniques. Rationale: Trainees receive a conceptual framework for conducting the mediation session. They learn key techniques to manage participation, structure the session, and establish a cooperative problem-solving environment. Topics include:
   
   1. Mediation Process
      
      1. Preliminary arrangements
         
      2. Opening and structuring the mediation session
         
      3. Orienting disputants/attorneys
         
      4. Gathering and exchanging information (presentation of situation by each party)
         
      5. Clarifying issues, interests and positions
         
      6. Generating options
         
      7. Negotiating
         
      8. Writing Agreements
         
      9. Closing the session
         
   2. Techniques
      
      1. Trust building
         
      2. Restating and clarifying
         
      3. Staying on track, following agenda, managing process
         
      4. Focusing on interests, instead of positions
         
      5. Building on partial agreements
         
      6. Caucusing
         
      7. Reality testing
         
      8. Working with third parties
         
      9. Managing difficult people and strong emotions
         
   3. Confidentiality
      
7. Self-Awareness of Trainee. Rationale: Trainees recognize personal characteristics and biases that could influence their ability to mediate effectively.
   Topics include:
   
   1. Diversity/cultural awareness
      
   2. Language differences
      
   3. Conflict styles
      
   4. Personal response to conflict
      
8. Ethics. Rationale: Trainees learn ethical principles applicable to making informed choices, which support the integrity, effectiveness, and credibility of the mediation process. Topics include:
   
   1. Guidelines for the conduct of mediation and mediators
      
   2. Power imbalances
      
   3. Legal liability
      
9. Family Mediation-Additional Topics. Rationale: Family mediators require special knowledge and skills to effectively handle issues and dynamics that are peculiar to family cases. Topics include:
   
   1. Psychological issues of separation and family dynamics
      
   2. Needs of children in divorce
      
   3. Kentucky Family Law, as it relates to family mediation
      
   4. Family economics
      
   5. Awareness of tax issues relating to divorce
      
   6. Domestic violence, substance abuse, child abuse and neglect, screening and reporting, and legal issues
      

Trainees practice selected written and oral communication skills, which enable them to foster understanding and trust, elicit relevant information, and accurately track and record key areas of agreement.

Skills introduced throughout the mediation training:

1. Listening
2. Note taking
3. Questioning
4. Nonverbal communication (i.e. eye contact, body language)
5. Restating and clarifying
6. Use of neutral language
7. Drafting agreements

To accommodate different learning styles and to maintain attention, trainers use a variety of training methodologies.

Standard training methods are:

• Lecture
• Group discussion
• Mediation simulations
• Role-plays

Training includes:

• Readings
• Written exercises
• Video-tapes
• Participation in actual mediations

Under the supervision of a trainer or training assistant, trainees participate in at least three role-plays as a mediator, and two role-plays as a disputant.

Trainees observe at least one simulated, or actual, mediation.

At least 40 percent of training is devoted to supervised, structured activities that require interaction among two or more people. Class size is limited to maximize individualized attention and constructive feedback during practice sessions.

Mediation trainings are approved for more than 30 CLE (continuing legal education) and CJE (continuing judicial education) credits, which include 2 hours of ethics training.