Mediation
Mediation is an effective way of resolving disputes and is now used around Australia in most courts and tribunals. An extensive pre-litigation scheme also exists and in some areas, parties are required to attend mediation prior to commencing litigation. Mediation is also a growing field in the international and environmental areas where facilitators use these skills to assist the creation of innovative solutions. Conflict resolution skills are increasingly required in management and business relationships, enabling the efficient and effective prevention, management and resolution of disputes and complaints. This interactive workshop has been developed to meet the National Mediation Accreditation Scheme guidelines and provides participants with the essential negotiation, mediation and communication skills required to become a mediator. With an emphasis on practical skills, participants are given the opportunity to practice the theory they've learnt by mediating and participating in a range of conflict scenarios. Participants are provided with individual feedback on their style and overall performance by highly qualified practitioners.
In the skills component of this unit, particpants work with the mediation model and learn alternative approaches to deal with varying circumstances. They also investigate in greater depth theoretical issues and relevant empirical studies in mediation ethics, inter-cultural context, contingent third-party interventions, power and empowerment, as well as other topics.
Whether it's negotiating a creative legal settlement, a new business partnership or a family related issue, intelligent negotiating skills are required to reach an effective agreement. Making a 'good deal' is more than simply calculating cost versus benefit or risk versus reward. This workshop focuses on the skills and theories behind successful negotiations. Issues such as the management of underlying interests, conflict escalation, competitive versus co-operative approaches and dealing with 'difficult people' are addressed. Participants will explore the role of negotiation in their personal lives, as well as an adjunct to litigation, contract formation and in general business practice. The workshop is centred on skills acquisition through practical exercises and is supplemented by conflict resolution theory and empirical studies.
Negotiation Skills
In this workshop participants will develop the skills necessary to negotiate effective agreements. The workshop considers how we negotiate and how we measure the success of negotiations. It also examines why negotiations succeed or fail. Participants will practice the essential skill of preparing for a negotiation and improve their negotiation skills including persuasion, listening, and impasse breaking. The workshop is informative, practical and fun. It includes role plays, exercises and simulations relating to commercial / business contexts and legal negotiations.
Transformative Mediation
The transformative model of mediation has specific practices and skills, and is based on a distinctive theory of conflict and of the third-party role. Topics addressed in the workshop include: Understanding conflict patterns and dynamics, the mediator's role in the transformative model, underlying premises/foundations of practice, transformative practices - identifying intervention opportunities, mediator responses and intervention strategies, core skills, avoiding directiveness, integration of mediation with the legal process, power and fairness, and mediation ethics and mediation policy. The curriculum and materials have been used widely to train mediators, including those in the United States Postal Service's award-winning workplace mediation program. There is a strong focus on simulations and coaching to develop practice skills.
Victim Offender Mediation
Focuses on changing dispute resolution trends in the criminal area and examines more closely the role of victims and offenders. An analysis of the current justice system/s and underlying assumptions, as well as the assumption involved in the alternatives, such as 'restorative' or 'transformative' systems, is undertaken. Participants will trace the development of victim/offender mediation and the newer model known as 'conferencing', both in Australia and overseas. A particular focus is on the latest programs within Australia.
Intercultural Conflict Resolution
Working across cultures is an everyday imperative for most Australians, yet it remains a largely unexamined phenomenon. This workshop provides an opportunity to explore and understand the nature of disputes involving culture, and to examine and practise the skills and approaches necessary for effective cross-cultural engagement. The workshop is experiential, and will use simulations, case studies, presentation and discussion as a basis for assisting participants to identify and extend existing dispute resolution skills.
On completion of the workshop, participants will be aware of cultural and sub-cultural issues in dispute resolution. They will: be able to place dispute resolution in a broader perspective of culture in our society; understand the factors impacting on the effectiveness of models of dispute resolution; and, be able to identify intercultural elements in different models of dispute resolution. They will also have knowledge of the meanings and constructs of disputing in various cultures as well as having an ability to incorporate intercultural understandings in a model of dispute resolution.
Encounters with other cultures can be enriching experiences and lead to exciting opportunities. They can also lead to misunderstandings, frustration and conflict. Cross-cultural contact and conflict is becoming more and more part of the daily work of conflict resolvers in Australia and overseas. The aim of this workshop is to assist participants in increasing their awareness of their own cultural identity and how it impacts on their dealings with people from different origins. Participants will be assisted in their development of cultural fluency and will gain insights into techniques useful for work in cross-cultural conflict environments. The course is highly interactive and blends presentations, group work, reflective exercises, case studies and an extended cross-cultural simulation exercise.
Facilitating Dialogue Across Culture
Cross-cultural misunderstandings and opposing worldviews can escalate conflict and impose serious roadblocks on the path to resolution. Differences in cultural understanding need to be bridged before work on the substantive issues of the conflict can begin. This unit focuses on skills and techniques which help to bridge the cultural gap. Content includes de-stereotyping processes, frameworks for trust- and relationship-building, self-awareness skills, and procedures on how to deal with stress and culture shock. Based on case studies of interfaith and interethnic conflict participants will learn about cross-cultural conflict assessment and analysis tools and discuss practical guidelines for the work on the ground.
Issues in Professional Practice
In this unit the changing professional practice issues are addressed and are linked to legislative changes that require lawyers to have enhanced knowledge, skills and ethical awareness of practice changes. For example, this unit may focus upon changing professional requirements, professional indemnity issues, and areas of substantive practice change. It is possible that in response to projected changes in the corporations area the focus may also involve changes to the Corporations Law and their impact upon practice.
Advanced Conflict Resolution Theory
Suitable for experienced conflict resolution practitioners or participants who have substantially completed their Masters of Conflict Resolution, and wish to consolidate their understanding with an in-depth knowledge of the theory behind their practice, the workshop covers psychological theories and compares and contrasts different models of conflict and conflict resolution. It also includes a component dealing with topical issues in conflict resolution.
Advanced Mediation
This workshop is designed for participants who have completed basic mediation training and have some dispute resolution experience. The workshop is skills focused and highly interactive. The advanced skills taught are applicable across all disciplinary fields of mediation practice. The workshop has CPD approval by the Bar Association of Queensland.
Advanced Negotiation
This workshop builds on the fundamentals of 'Negotiation'. It critically analyses specific theories and models of negotiation and engages participants in advanced negotiation micro-skills in a series of practice sessions. Challenging ethical and legal issues for professional negotiators are also addressed. Finally participants will have the opportunity to discuss and research a major negotiation case study
Advanced Skills for Managing Conflict
In this unit participants will be introduced to higher-level skills in resolving disputes and be trained to intervene in conflicts and disputes to resolve them. They will be taught to intervene and effectively diagnose the conflict or dispute and to choose the appropriate techniques and processes to resolve it constructively. To understand the mediation process, one must understand what makes a mediator effective. Conventional wisdom says that an effective professional has a combination of skills and theoretical knowledge in the relevant subject matter. This workshop will examine a neglected area of professional development. Do the personal qualities a mediator brings into the conflict have an impact? More than skills? More than knowledge? What impact might a mediator's ability to be fully present in the midst of intense conflict have? Does authenticity in relationship create a different atmosphere? Will the mediator's awareness of her own mental states moment-by-moment bring a calm centeredness into a stress-filled room? Will the mediator's awareness of her fundamental worldview impact what she sees, hears and understands in the midst of conflict?
Advanced Communication Skills
In this unit participants will be considering advanced communication skills and explore recent development in cognitive research, psychology and language studies that inform the practice of conflict resolution and communication. The unit has a self-awareness focus as well as a focus on others and also considers written and visual communication skills with particular emphasis upon reframing and analysing messages and language. Being able to communicate effectively with a wide range of people is essential in both personal and professional contexts. A range of skills are needed to achieve successful communication, as well as an understanding of personal style and how to adapt it to suit different situations and personality types. This workshop explores the role communications skills play in the effective resolution of disputes.
Conflict Coaching
Those with prior knowledge of conflict resolution are able to improve their skills to assist in the resolution and prevention of workplace disputes. Participants will learn the theory behind conflict coaching and participate in practical exercises to assist their learning. The process of Conflict Coaching, including one-to-one assistance to employees to help them understand their own conflict resolution style and identifying their interests and those of others, will be taught. Participants will also learn about the importance of resolving conflict in constructive and conciliatory ways and of helping people to identify and replace behaviours and attitudes which are counterproductive to the effective management of conflict. The role of the Conflict Coach in providing assistance to team leaders or managers who are responsible for dealing with conflict amongst employees and in helping people develop their confidence and skills in managing workplace dynamics and in facilitating dispute resolution will also be covered.
Dispute Management for Business
Dispute System Design (DSD) in Australian business is one of the fastest growing areas in dispute resolution. As dispute resolution becomes more accepted, the number of Dispute Systems is exploding. The workshop focuses on how to design systems to resolve disputes in an efficient and effective manner, by combining the theory and practice of DSD. Guest speakers share their experiences of introducing dispute systems into their organisation: What worked, what didn't, what they hoped to fix and the cost. Participants will: Explore the causes of organisational conflict, Identify dispute resolution processes and their Applicability, Discuss the requirements of small and large businesses, Discuss DSD to resolve disputes within an organisation, Discuss issues associated with changing the dispute resolution culture, Design models for implementing change, Discuss how to evaluate and monitor Dispute Systems.
Participants will be given the opportunity to (1) specialise in one of the most sought after applications of the dispute resolution process, (2) explore the practical applications of dispute resolution processes, and (3) highlight the problems in implementing changes to a dispute resolution culture. Participants will be given the research task of designing a dispute resolution system for an organisation, with strategies to implement the change in culture if required. They will be encouraged to work with particular corporations in their projects, considering issues in system design and processes that are used in business dispute resolution.
Workplace Conflict Management
Developing an understanding of the nature, causes and characteristics of workplace disputes; becoming aware of the social, psychological, industrial and legal issues which affect workplace disputes; applying the principles of dispute investigations, analysis and evaluation, and of dispute resolution planning in relation to workplace disputes; understanding the range of processes which can be utilised for the management, resolution and prevention of workplace disputes; and understanding and learning techniques, skills and processes which can be applied for the analysis, resolution and prevention of workplace disputes are all covered in this workshop.
International and Comparative Mediation
The aim of this workshop is to develop participants' awareness about trans-national mediation practice and regulation. Although the distinctions between private and public law are increasingly blurring, this workshop focuses on mediation in the context of international private law, rather than international public law. Comparing mediation regulation in different legal systems is important for an understanding of trans-national mediation. Accordingly a comparison of mediation developments in European Union countries, The United States, Australia, Asia/Pacific and the Mediterranean will precede an analysis of trans-national mediation practice and regulation.
International Commercial Arbitration
Commercial arbitration is one of the growth areas of legal practice and the most widely used dispute resolution method in international business. The workshop introduces participants to the law and practice of international commercial arbitration, discuss international documents and treaties, such as the UNCITRAL Model Law on International Commercial Arbitration, and cover the recognition and enforcement of foreign arbitral awards. It focuses on practical aspects of international arbitration. The programme is accredited by the Chartered Institute of Arbitrators in London. Participants who complete the workshop can apply to become Associate Members (ACIArb) of the institute.
International Commercial Negotiation
The variety of mechanisms used to resolve international commercial disputes will be introduced in this workshop which includes principle of state jurisdiction: negotiation, mediation and conciliation; international commercial arbitration; the arbitral process; enforcement of arbitral awards; comparative study of national approaches to international commercial disputes; and, special forms of international commercial dispute resolution.
Mediating Family Conflict
In this unit, the family is the focus of and exploration of the resolution and management of conflict. After briefly considering the ongoing debate on the place of family in society, participants will consider how to keep the focus of separation-related disputes on the couple's continuing role as parents, while recognising the importance of managing conflict around other issues and maintaining a humanist emphasis on respect for individuality. Conciliation and mediation models are considered which promote principled negotiation within a task-oriented and time-limited framework.
Advanced Family Mediation
Participants taking this unit will be introduced to contemporary research and practice in the field of family mediation. Topics will focus on selected areas of current importance for Family Dispute Resolution Practitioners, such as enhancing the voice of children, dealing with violence, cultural sensitivity, recent legislative changes, innovative practice and practical strategies for mediating under the shadow of the law
Family Law for Mediators
In this unit participants are provided with an overview of family law. This unit has been designed specifically for Family Dispute Resolution Practitioners. It assumes no prior legal training or knowledge of law, but does assume some basic understanding of governmental and political processes. Participants are provided with an introduction to legal processes and legal research and an overview of the Family Law Act 1975.
Also, participants have the opportunity to deepen their understanding and practice of negotiation acquired in dispute resolution by planning, executing and critically evaluating a family-based negotiation of their own. Teaching and learning is both didactic and experiential. This unit is designed to acquaint those with a background in basic mediation theory and practice with some of the fundamental issues in the area of Family Dispute Resolution. It is designed specifically for those wishing to become Family Dispute Resolution Practitioners but also may be relevant to those with a wider interest in the fields of Conflict Resolution, Family Law, Social Work and related disciplines that involve working with families in conflict. Topics to be addressed include the following: the family in today's society; families, parenting, conflict and the law; intake and assessment; family violence and impact of unresolved conflict on children; issues for separating couples; child focussed dispute resolution; flexible approaches to family dispute resolution; therapeutic responses in family dispute resolution; other types of family disputes and the role of mediation; where to from here? Participants will undertake practical exercises and be introduced to salient features associated with the context and management of family disputes in Australian society.
Collaborative practice is a more recent form of alternative dispute resolution. It involves a principled negotiation where clients, their lawyers and other professionals (such as financial or relational experts) all commit to resolve their dispute according to agreed collaborative protocols and without going to court. It has been widely used throughout the United States and Europe and is now growing in the commercial sector in Australia. Issues covered will include: The Collaborative Approach, The Paradigm Shift, The Collaboration Contract, Advocacy issues, Working with other professionals, Starting a collaborative practice. The workshop features interactive exercises designed to demonstrate the essential skills used in the Collaborative area.
Conflict Resolution in Education
In this unit participants will gain an understanding of the theories, practice and research applied to the range of conflicts that occur in educational settings involving staff, parents, participants and administration. The application of conferencing, facilitation, mediation and negotiation are considered in educational settings. Participants will explore approaches to conflict management in schools and specific methodologies, skills and strategies are introduced and practiced.
Schools are complex communities of people who may have a common purpose but often very diverse styles. School staff and other members of a school community in their broad interactions are faced daily with conflicting objectives, resultant disputes and other challenging issues. Teachers today need negotiation skills to attain scarce yet rudimentary resources. From classroom behaviour management to handling parental expectations and concerns, dispute resolution and conflict management skills are becoming essential for educational professionals. To engage effectively, educators must see issues clearly, identify the most suitable ways to act, and be able to work with everyone involved. This four-day experiential learning workshop offers participants a workable framework, a deeper understanding of issue management and a set of skills to work more effectively with diverse individuals and interest groups in their school community.
In this unit participants will be exposed to the various needs and complexities in the health fields; to explore the Conflict Resolution processes which are currently in use and what may be required; to assess whether there are particular types or models of Conflict Resolution practices and approaches which are better suited for these areas; to focus on developing practical skills that are applicable for those working within the various health fields. Issues specific to physical health, and intellectual and psychiatric disabilities will be elucidated, drawing from participants? experiences as well as other practitioners from these areas. The aims of this unit are multi-faceted: to outline the various needs and complexities in the health fields; to explore the conflict resolution processes which are currently in use and what may be required; to assess whether there are particular types or models of conflict resolution practices and approaches which are better suited for these areas; to focus on developing practical skills that are applicable for those working within the various health fields and to discuss possible system designs. Issues specific to physical health, intellectual and psychiatric disabilities will be discussed, drawing from participants' experiences as well as other practitioners from these areas.
Environmental Conflict Resolution
In this unit participants study the concepts of the environment, dispute and resolution; the breadth of disputes; encompassed by the term 'environmental dispute' and the unique characteristics that distinguish environmental disputes. They will learn to critically evaluate the existing adjudicative, administrative and consensual mechanisms for resolving environmental disputes; understand the compendium of dispute resolution methods covered by the expression 'alternative dispute resolution' (ADR). Focus will be on the basic principles impact upon the range of possible solutions to the resolution of environmental disputes, and the roles, functions and responsibilities of local government, with particular reference to the regulatory framework in which environmental dispute resolution mechanisms must operate.
Collaborative Practice
Collaborative practice is a more recent form of alternative dispute resolution. It involves a principled negotiation where clients, their lawyers and other professionals (such as financial or relational experts) all commit to resolve their dispute according to agreed collaborative protocols and without going to court. It has been widely used throughout the United States and Europe and is now growing in the commercial sector in Australia. Issues covered will include: The Collaborative Approach, The Paradigm Shift, The Collaboration Contract, Advocacy issues, Working with other professionals, Starting a collaborative practice. The workshop features interactive exercises designed to demonstrate the essential skills used in the Collaborative area.
Complaints Handling
Complaints handling is a growing area of conflict resolution and prevention. Participants will explore the benefits of effective complaints handling. Theories, research and practice in this area are developing to support the design of systems that ensure satisfaction for complainants, industry, and statutory bodies. Also to be explored is the role of an ombudsman, complaints tribunals and commissions. The design and practice of effective complaints handling are introduced including policies, procedures, skills, approaches, time frames, resources and alternatives.
Participants will explore in depth what is involved in effective complaints handling and resolution, with a focus on both theoretical models and applications. Participants can expect to gain a firm understanding of how complaints may be best managed and resolved, as well as develop skills in the handling of complaints and the design of complaints handling systems. It will comprise instructor presentations, guest speakers from industry and industry schemes, readings, case discussions, exercises and role plays.
Ranging from a 'macro' to a 'micro' view, topics will include: a brief introduction to the nature of conflict and the resolution of disputes, Australian and International Standards, complaint handling and resolution - a model, and a consideration of why complaints handling is now such 'big news', complaint handling and business, designing a complaints handling system, industry schemes, consumer emotions, call centre and telephone complaints, skills development.
Multi-party conflict resolution is an acid test of leadership. It requires bringing others to the table and cultivating their highest and best leadership skills. You must then help disputants frame issues, avoid unnecessary distractions, and in the face of actual or impending obstacles, achieve elegant solutions that build consensus, tame stubborn problems and create improbable partnerships. This workshop will explore key themes, and build new insights and skills in the area of multi-party dispute resolution.
Dirty Tactics in Negotiation
This workshop provides participants with skills to deal with dirty tactics in negotiations. Participants will consider why people use dirty tactics, and practise some techniques to respond to various tactics so that the negotiation can continue in a productive manner.
Skills for Difficult Conversations
In this workshop, participants will develop skills for planning and conducting difficult conversations such as providing a negative performance appraisal or breaking bad news to clients. The workshop also covers techniques for dealing with difficult people.
Providing Positive Feedback
Whether it is in an educational setting or in the workplace, giving effective feedback on others' performance is critical for their learning and continued development. This workshop is specifically designed to provide supervisors with the skills needed to give appropriate and constructive feedback to others.
Effective Interviewing and Questioning
This workshop provides participants with practical advice about how best to elicit information from clients and people in conflict. It covers topics including: how to build rapport to enhance communication, different styles of questioning and when to use them, and how to obtain relevant information from non-responsive, confused or emotional people.
Preparing Clients for Mediation
Many people have no idea what to expect when they attend mediation for the first time. Clients also sometimes behave inappropriately in the mediation session. This workshop provides a structure and practical suggestions about how to prepare clients for mediation so that it is an effective and positive experience for both them and their lawyer.
Preparing for Complex Negotiations
Preparation is the key to a productive negotiation. However, when the matters in dispute are complex, multi-faceted and inter-related, it can be difficult to keep track of the content and the structural factors that impact on the outcome of the negotiation. Based on the Harvard Seven Element Preparation model, this workshop provides a framework for preparing for complex and multi-party negotiations so that the negotiation is most productive.
Punctuation and Grammar for Lawyers
Using correct punctuation and grammar in correspondence is important; however, in legal drafting it can be crucial. This workshop covers some common errors in punctuation and grammar in legal contexts. It uses examples from Australian case law and legislation to illustrate the importance of accuracy in drafting. The material is presented in a way that is clear and easy to understand, and the workshop is designed to be practical and fun.
The Art of Letter Writing
This workshop aims to assist participants in developing a style of letter writing that is clear, concise and a pleasure to read. It considers how to write to particular audiences (such as a client or another lawyer), how best to structure your letter according to its purpose, and different ways to present information to ensure that your letter has the desired effect on the recipient.