BAC Newsletter Issue 5
 
 
   
   
   
   
Recent News
Issue Focus
Communication and Cooperation
Learning and Training
Trends and Developments
Training Courses
 
 
Training Courses
 
   
 

 Guide for Admission of Students in Mediation Training Courses

  To correspond with the implementation of the BAC Mediation Rules, and to enhance our service in arbitration and mediation, the BAC held a six-day mediation training course, titled “Mediating the Litigated Case,” in March this year. To conduct the training, the BAC partnered with the Straus Institute for Dispute Resolution at Pepperdine University. It was the first time the Straus Institute held training with the course and materials translated into Chinese; 40 arbitrators participated in this professional training program, and gave it high praise afterward. According to feedback from the participants, the course made a definite impact in their work as arbitrators and positively influenced the outcome of several cases.

   As it was the first training course available there were only a certain number of participants permitted for the course. As the BAC has received requests from many others who did not get to participate, we have decided to hold another six-day training course in Dec. 2008. We welcome you to participate in.

I. A brief introduction of the Straus Institute and the training course

   Established in 1986, the Straus Institute’s dispute resolution program has been ranked among the top three dispute resolution programs in the United States since 2000, and has been ranked first five of those times, according to US News & World Report. The instructors have many years of experience as professional mediators and arbitrators, and have taught the course several times all over the world. This highly professional course uses an interactive approach and focuses on practical mediation skills. The course will be taught in English and translated simultaneously into Chinese. Last time, students were present from America, as well as the regions of Hong Kong and Taiwan.

II. Arrangement Details for the Course

1.
Organized by: The Straus Institute for Dispute Resolution at Pepperdine University
2.
Co-organized by: The Beijing Arbitration Commission
3.
Time: 5th-7th & 12th-14th Dec. 2008 (Friday to Sunday)
4.
Location: BAC International Conference Hall (Floor 16, China Merchants Tower, No. 118, Jianguo Road, Chao Yang District)
5.
Title of the Course: Mediating the Litigated Case
6.
Course Content: Please see the attachment
7.
Faculty Introductions: see the attachment
8.
Language: English (simultaneous interpreter is available depending on the concrete situation of the participants)
9.
Students: Legal Practitioners and Dispute Resolution Professionals (BAC arbitrators have priority)
10.
Number of Seats Available: 40
11.
Tuition fee: 1995 USD/each (1295 USD/each for Government and non-profit organization)

III. Other information

1.
The above fees are charged by the Straus Institute. The BAC provides sponsorship (including space, facilities, learning materials, interpretation, tea break, lunch fee, etc.).
2.
Students undergoing full-length training shall obtain a Training Certificate issued by the Straus Institute, and those having an outstanding performance may have opportunity to study or receive further training at the Straus Institute.
3.
The BAC will provide the participants with proper educational allowances, to encourage their arbitrators to participate actively.
4.
If any arbitrator wants to attend, please fill in the Mediation Training Application Form (see the attachment) and send it back to us as soon as possible. The BAC will determine the final participants according to the applicant’s expectations and enrolment numbers.
5.
The deadline is 31st Oct. 2008 or until the course is filled.
6.
The training fee shall be paid to the Straus Institute. The BAC will release further details about payment details at a later time.

IV. If there are any questions, please don’t hesitate to contact us.

1.
Contact person: Peng Lisong and Chen Cong
2.
Tel: 010-65669856-239 (Peng Lisong) / 220 (Chen Cong)
3.
Fax: 010-65668078

BAC
9th July 2008

Attachment

Faculty Introductions

  Peter Robinson is managing director of the Straus Institute for Dispute Resolution and associate professor at Pepperdine University School of Law. He has presented advanced negotiation and mediation skills courses in more than 39 states and foreign countries. He has served on the boards of the Christian Conciliation Service of Los Angeles, Ventura Center for Dispute Settlement, Dispute Resolution Services of the LACBA, Southern California Mediation Association, and California Dispute Resolution Council. He is a fellow of the International Academy of Mediators, a member of the American College of Civil Trial Mediators and was recognized as a Southern California Super Lawyer in the area of mediation in 2006.

  Thomas Stipanowich is the academic director of the Straus Institute and professor of law at Pepperdine University School of Law. Stipanowich brings a long and distinguished career as a scholar, teacher, and leader in the field along with wide-ranging experience as a commercial and construction mediator, arbitrator, federal court special master, and facilitator. From 2001 until mid-2006, he served as CEO of the International Institute for Conflict Prevention & Resolution (CPR Institute). The longtime William L. Matthews Professor of Law at the University of Kentucky, he has authored two of the leading books on commercial arbitration and many articles on ADR. Recently he coauthored a groundbreaking book and materials entitled Resolving Disputes: Theory, Practice, and Law (Aspen 2005).

Program Topics and Schedule

Day 1

  • Dispute Resolution Continuum
  • STAR Approach to Mediation
  • Mediator's Stylistic Grid
  • Five Stages of Generic Mediation
  • Mixed Motive Exchange in Consensus Processes
  • The Geometry of Distributive Bargaining
  • Linkage and Anchoring

Day 2

  • The Integrative Approach to Negotiation
  • How to Discover Underlying Interests
  • Creativity in Negotiation
  • Facilitating Distributive Bargaining
  • Facilitating Integrative Bargaining
  • Mediator Timing in Facilitating Negotiation
  • Settlement Conference Mediation Model
  • Interest Based Mediation Model

Day 3

  • The Mediator's Job of Providing Structure
  • What to Include in an Opening Statement
  • Protocol for Disputants
  • How to Define Issues and Set an Agenda
  • Communication Facilitation Techniques
  • Effective Use of Caucus
  • Validation

Day 4

  • Techniques to Facilitate Closure
  • Mediator Timing When Facilitating Closure
  • Convening
  • Effective Agreement Drafting
  • Faculty Demonstration
  • Fairness in Mediation

Day 5

  • Emotions in Mediation
  • Confidentiality
  • Bias Awareness
  • Multi-Party/Multi-Issue Mediation
  • Attorney Advocates in Mediation

Day 6

  • Ethical Standards for Mediators
  • Power Imbalances
  • Discovery Concerns
  • Tips on Building a Mediation Practice
  • Management of Corporate Litigation Costs

Please fill in the form, and send it to
BAC, Floor 16, China Merchants Tower, No. 118, Jianguo Road, Chao Yang District, Beijing
Postal code:100022
or send a fax to 65668078
prior to 31st Oct. 2008.

Name

 

BAC arbitrator or not

 

Company

 

Current job position

 

Address

 

Business expertise

 

Tel

 

Email

 

(  )1. Will you ask for simultaneous interpretation service?
    A. Yes B. No
(  )2. Payment rate:
    A. 1995 USD  B. 1295 USD (government or non-profit)
(  )3. Are you interested in knowing more about the US mediation system and skills?
    A. Very interested  B. Interested
    C. Just so so D. Not interested
(  )4. Are you comfortable with interactive training?
    A. I am comfortable and well-adapted.
    B. I haven’t participated in such courses, but I have confidence I can adapt.
    C. I am worried that I may not be comfortable.
    D. I have participated in such courses, but have not adapted.
(  )5. What would you like BAC to provide?
    A. Materials in Chinese B. Mutual-aid learning activities after class
    C. Background knowledge of American mediation D. Social activities
6. Additional Comments and Advice:

 

I enter my name to participate all courses of Mediator training in 5th-7th & 12th-14th Dec. 2008.

  Applicant:  
  Application Date: (YY/MM/DD)
     
 
 
 
 
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