Mediation Certificate

Lakewood University’s Mediation Certificate Program is provides “hands on” instruction on the following topics:

Lesson 1- Conflict Resolution Overview »

Define the history of dispute resolution. Also, you will understand other dispute resolution processes such as negotiation, arbitration, mediation and other extra-trial settlement procedures that have long been an integral part of court-dominated litigation. Examination of the advantages and disadvantages of each of these processes will be learned.

Lesson 2- Mediation & You »

Outline the various types of mediation. The advantages and disadvantages and advantages will be provided for each type of mediation model. A comparison between facilitative and evaluative mediation will be presented. Each participant will be able to evaluate his or her own personality against the various models. Ethical considerations will be introduced to the students concerning neutrality, fairness and bias. Each student will receive a copy of the ABA Model Rules for mediators.

Lesson 3- The Formal Mediation Process »

Utilize communication techniques such as ignoring, pretending, selective listening, and active listening. You will learn how to ask open ended questions, close-ended questions, and leading questions.

Lesson 4- Legal Considerations in Mediation »

Work with attorneys/accountants of the disputants to assist divorcing parties to determine appropriate division of assets and debts. This part of the course is designed to give participants assistance with these issues. A discussion of distributive bargaining and shuttle diplomacy is discussed with participants. Also, this part of the course provides instruction, as it relates to the mediation process, on how disputants may work with outside experts such as accountants, attorneys, real estate appraisers, or others. Finally, sound advice will be given relating to issues of child/spousal support.

Lesson 5- The Convening Process »

Identify the convening stage of mediation, which is often the most difficult part of resolving a dispute. This stage begins when a party makes a request for mediation, either to another party or to a mediator. This is where a skillful mediator must decide and analyze the best strategy for getting the parties to participate in the mediation process. Instruction will be given to the participants on how to handle initial telephone contact and/or appointment letters. Also, this is the convening stage and is usually the stage when parties first learn of the mediation. Students will be taught the proper way to educate clients about mediation. Finally, once the parties agree to meet, the mediator should have a fee agreement and this part of the course addresses this issue.

Lesson 6- The Opening Statement »

The purpose of this lesson is to teach you how to create safety and hope for disputants through employing the opening statement. After completing this lesson, you should be able to identify the 12 Steps of an Opening and effectively prepare an Opening Statement.

Lesson 7- Communication & Information Gathering »

Effectively gather information and develop communication skills. The focus will include active listening, issue defining and identification, and opening statements. Also, there will be instruction on mediator control, which will include providing structure and setting the agenda.

Lesson 8- The Negotiation Stage »

Determine negotiation skills of a competent mediator, since they are usually facilitating this negotiation. The use of a negotiation-planning instrument has aided in the success of many mediators. This involves defining all of the parties, their initial positions, fallback positions, and bottom line. It is also helpful for the mediator to determine alternative, interests and creative options for the parties. This section of the course will equip the participants with this useful tool and the knowledge to properly execute it. The participants will have the opportunity to practice using their negotiation-planning instrument during this period based upon a case study.

Lesson 9- Relationship Skills »

Become a skillful mediator who learns to accept and value what is being presented. You will also learn critical skills needed for facilitating communication and dealing with problems that may arise in a mediation session. Lessons will focus on identifying and understanding factual problems as well as preventing and/or dealing with uncooperative parties.

Lesson 10- Problem Solving Skills »

Focus on possible problem behaviors of disputants during mediation. Explanation of the steps of addressing impasse and brainstorming techniques. Specific techniques of learning how to invent all possible options will be given.

Lesson 11- Conflict Management Skills »

Identify various theories of conflict management. Additionally, both distributive and integrative bargaining techniques will be taught. Students will learn to recognize tactics of the disputants and to overcome them. Finally, students will learn to recognize and deal with interests, which disputants may or may not voice.

Lesson 12- The Closing Stage »

Appropriately draft mediation agreements for your clients. Also, a discussion of the unauthorized practice of law will be presented to students. Assess the fitness of an agreement. To be durable, an agreement should be satisfying to the parties procedurally, substantively, and psychologically. This part of the course will help participants to ensure the delivery of a durable agreement. Discussion of issue of ownership of process and equity of the disputants will be provided. Finally, a discussion of reviewing the agreement in a way to prevent signer’s remorse.

Lesson 13- Ethics »

Review the final portion of the ABA proposed Model Rules for Mediators. This will include instruction relating to confidentiality, caucus, and conflicts of interests. How the mediator opens the session has tremendous significance. It is usually the disputant’s first impression of the mediator’s competency and style. A skillful mediator will carefully consider the environment he or she wishes to create and plan a strategy for setting the appropriate tone.

Lesson 14- Professional Family Mediation Skills »

Focus on issues that are unique to divorce and family mediation. Specifically included will be training in domestic violence, child abuse and the psychological stages of divorce. This will involve ethical concerns for the mediator and their duty to report harm to others, as balanced with confidentiality. There will also be an in-depth look at mediation as compared to counseling.

Lesson 15- Professional Business Mediation Skills »

Deal with clients in a business situation. This part of the course will focus on the issues, which are unique to business environment situations. Some of the relevant issues will be negotiating with business employees, consumer’s rights, the lemon law, insurance providers, and government entities. Help parties construct a parenting plan/agreement, which is one of the most important roles for a mediator in a family mediation. This part of the course is designed to help parties develop an agreement that is free from mediation or legal linguistics. Additionally, the needs of the children are very important in dealing with family issues. Techniques will be demonstrated to keep parties/disputants focused on these needs.

Lesson 16- Mediation Practice »

Effectively market a mediation practice and identify other ways to cultivate opportunities in the mediation profession. Being a mediator does not require a law degree or any other special educational background. However, there are important personal characteristics that are important to consider. This section of the course will deal with essential mediator skills. Additionally, setting up a mediation practice and marketing that practice are very essential skills for a mediator. Finally, local court policies, procedures and forms will be discussed.

TECHNOLOGY REQUIREMENTS The following lists the minimum recommended hardware and software requirements a student will need to successfully access Lakewood University’s online academic programs: Audio: sound card and speakers or headphones for listening Internet connection: 56 Kbps for self-paced courses (caution: if video is present, it may be poor at this speed) Screen resolution: at least 800 x 600 Internet browser: IE 7 or greater, Firefox 2 or greater, browser set to accept cookies and to show the newest version of a page Media Player such Windows Media Player, Camtasia, or Vidster (all of which can be downloaded for free at the respective websites). Pop-up blocker must be disabled **For optimal results the following is recommended: Internet connection: Cable modem, DSL or better (required for high-quality video) Screen resolution: 1024 x 768

State requirements

A career in this field may require you to meet certain licensing, training, and other requirements that can vary by vocation and state. You should check with your state, local government, and/or licensing board to find out which requirements may be applicable in your state. Click here for contact information on state licensing/regulatory boards and certain professional licensing information.