Principles of Mediation, Conciliation & Arbitration

Business, Accounting & Governance

  • Overview
  • Entry Requirements
  • Principal Areas of Study
  • Learning Outcomes
  • Assessment & Award
  • Lecturer Profile

The course offers hands on training through case studies and role play and is delivered by experts in the field. 

The course focuses primarily on mediation and conciliation in respect of employment disputes, but also examines other forms of ADR including negotiation and arbitration. The course is interactive with various role play scenarios. In addition, expert guest lecturers will speak on their areas of expertise with regards ADR.

Alternative dispute resolution (ADR) has experienced an explosion in growth over the past several years as ADR is viewed as the least contentious avenue to resolve disputes. ADR is not only being used as an alternative to litigation, but the underlying principles underlying of ADR are increasingly used by Human Resource Professionals due to the substantial costs associated with conflict in the workplace. Employee conflict, labour disputes and discrimination claims are increasingly common and employers need to be take steps to stem the tide of conflict and potential litigation.  ADR training is an effective means to accomplish this objective.

ADR seeks to resolve conflict by cultivating cooperation and understanding by facilitating discussion between the parties. ADR allows the parties to reach a mutually satisfactory agreement while enabling them to protect their relationship.

The ADR course will benefit those who participate in negotiation and those who work in Human Resources, Business Managers, Legal personnel or those who wish to acquire the skills and knowledge needed for the challenges of the modern workplace and employment mediation.  In addition, government bodies which incorporate ADR philosophies in their handling of employee disputes may find the material useful in assisting them in resolving such disputes.  

Led by highly qualified and experienced professional  in the field, the course will provide the theory and practical knowledge that is essential to those who wish to contribute effectively in this area.

  • Introduction to ADR;
  • Ethics in ADR;
  • ADR v. Litigation;
  • Nature and forms of mediation;
  • General principles of mediation;
  • The mediation process;
  • Implications of the Mediation Bill 2012;
  • Mediator skills;
  • Conducting and critically evaluating a mediation;
  • Rules on disclosure;
  • Agreements to mediate and mediation agreements;
  • General principles of negotiation;
  • General principles of conciliation;
  • General principles of arbitration;
  • UNICTRAL Model Law on International Commercial Arbitration;
  • The arbitration agreement;
  • Arbitration awards and termination;
  • Enforcement and recognition of arbitration awards.

ADR is designed to provide students with the theory, practical skills and values which come into play in the different models of ADR, such as negotiation, mediation, conciliation. Through role play the course will facilitate an understanding of the skills required in ADR and their use in the context of employment and contract disputes.

  • The course will help students:
  • Find solutions to difficult problems;
  • Deal with emotional people;
  • Resolve disputes while preserving relationships;
  • Demonstrate an understanding of mediation and when it should be used;
  • Identify the different types of mediation;
  • Identify the skills of a mediator;
  • Know what an agreement to mediate should contain;
  • Know what a mediation agreement should contain;
  • Understand the key concepts of the European Code of Conduct for Mediators;
  • Understand the rules in relation to disclosing information obtained during the mediation process;
  • Understand the principles of ethics in the meditation process;
  • Demonstrate the skills required to conduct an effective mediation;
  • Identify the key elements of conciliation;
  • Identify the key elements of an arbitration;
  • Distinguish between mediation and other forms of ADR.

The assessment of learners is as follows:

  • Class participation in mock mediations and negotiations 10%
  • Assignment based on a case study 40%
  • Final examination 50%

Award

Dorset College Certificate

Carla Murphy is a practicing barrister and Accredited Mediator (Ireland) and Qualified Mediator (Canada). In addition to her Barrister-at-Law degree she also holds a Post-Graduate Diploma in Legal Studies and an Advanced Diploma in Corporate, White Collar & Regulatory Crime. She has mediated and negotiated numerous disputes and she has recently published on High Conflict Custody Disputes.

Course Details

Principles of Mediation, Conciliation & Arbitration [Part-Time]

Start Dates: Tuesday from 10/10/17 to 12/12/17

Duration 10 Weeks
Price €750.00
Comments Duration is 10 Weeks - every Tuesday from 6.30 - 9.30 p.m. Exam Fee: 25 Euro

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