The programme will be facilitated by Brian Speers solicitor, a leading mediator and trainer from Belfast, Northern Ireland, United Kingdom.
It will primarily deal with civil and commercial mediation however reference will be made to family mediation.
Following completion of this course participants will receive a Certificate of Attendance issued by the Law Society of Namibia and the Commonwealth Lawyers Association.
Participants will understand the mediation process, the legal framework for mediation in Namibia and in the UK and Commonwealth and will become familiar with the stages of a mediation process from preparation to final agreement.
In addition participants will be prepared to represent a client effectively in a mediation and understand their role as party adviser and representative. All participants will have the opportunity to participate in a mediation role play and learn key skills for mediators – which also have application in day to day practice as a lawyer.
Finally those attending will discuss the drafting of a settlement agreement, and debate ethical issues which may arise during a mediation including the question of confidentiality during the mediation process.
1.30 Welcome and introductions
1.50 What is mediation?
2.10 Why mediation? Advantages and disadvantages
2.30 Court rules and case law in Namibia, the UK and across the Commonwealth.
3.00 Coffee break
3.15 The role of the lawyer in a mediation – effective representation of your client in a mediation
3.45 Choosing a mediator – mediator styles.
4.00 Questions and close
9.30 The mediation process – from opening to agreement.
9.45 Private meetings – intelligence gathering and reality testing.
10.00 Preparation for mediation – contacting parties, preparation of case summary for mediator
10.20 The opening session – effective opening statements
10.30 Coffee break
11.00 Mediation skills – effective listening, summary, questions.
12.00 Mediator qualities
12.30 Lunch break
1.30 Role Play – consumer dispute
2.30 The settlement agreement
2.50 The mediation Contract
3.10 Confidentiality and mediation
3.30 Code of Conduct for mediators
3.40 Ethical issues for mediators
4.00 Current trends across the Commonwealth
4.30 Questions and close