the ficm academyindia.mediationhub.org/wp-content/uploads/2018/06/ficm-mcn-training... · family...

21
THE FICM ACADEMY india.mediationhub.org TM Training, supporting and enriching the legal fraternity for a better india. TM

Upload: others

Post on 29-Dec-2019

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

THE FICM ACADEMY

india.mediationhub.org

TMTraining, supporting and

enriching the legal fraternity

for a better india.

TM

Page 2: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

Access to justice has a much wider meaning

than access to litigation. Even the incomplete

form of justice that is measured in terms of

legal rights and obligations is not delivered

solely, or even mainly, through courts or other

dispute resolution processes. To think of

justice exclusively in an adversarial legal

context would be a serious error.

Former Chief Justice of Australia, the Hon. Murray

Gleeson AO

Page 3: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal institutions, Construction and engineering disputes bodies and use of ADR by most of the large corporations to manage and resolve disputes is gradually creating huge demand of ADR - Dispute resolution professionals.

Due to lack of ADR training in the academic curriculum of Law schools in India, there is a massive shortfall of qualified and skilled ADR professionals in India.

The FICM Academy is the first such institute that brings a comprehensive range of skill development, training and education courses that bring an all round integration of ADR in the mainline practice of law.

New legislation and Education will enhanceAccess to Justice.With the cabinet’s approval of Arbitration and Conciliation (Amendment) Bill 2018, ADR is going to be the next big thing in Indian Justice system. Mediation, Conciliation, Arbitration, and other dispute resolution mechanisms will be accessible and broadly used for resolution of all kinds of civil and commercial disputes.

Page 4: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

Shaping the Dispute Resolution Lawyers of 21st Century.

Training the heads, Hands and hearts ofToday's lawyers: With a Problem solving Approach. Contemporary lawyering requires lawyers to be skilled negotiators, collaborative bargainers, problem solvers, and mindful of time-costs-benefits analysis.

ADR theory and practice develops listening and communication skills and broadens the professional legal skills base from the traditional uni-dimensional adversarial model taught in law school.

THE FICM ACADEMY

Page 5: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

The curriculum sends a false impression to students that ADR approaches and other lawyering skills are truly separable from legal analysis. When ADR, even if required, is taught solely in separate courses, students often get the impression that a particular dispute can either be handled exclusively through litigation or exclusively through a form of ADR. whereas litigation and other forms of dispute resolution are closely intertwined in the real world. A single dispute may give rise to unsuccessful settlement negotiations, birth a complaint, be referred to court connected, non-binding arbitration, inspire a de novo appeal, and then ultimately be settled following discovery and multiple motions. Thus, students need to learn that ADR is not simply an option or a complete and separate alternative to litigation.

What makes FICM learning programs unique?Integration of Doctrinal, Litigation, Transactional, and ADR Instruction.

Today students need to learn about subjects in addition to appellate cases. Most law students remain focused on appellate cases because there are many more courses, many of which are required, focusing on appellate case analysis. This focus sends the implicit message that appellate case analysis is "real law" and more important than other parts of the curriculum.

Thus the same lawyers who litigate must be prepared to resolve disputes through ADR, and the same lawyers who resolve disputes through ADR must be prepared to litigate.

All lawyers need ADR skills. Transactional attorneys should understand the entire package of dispute resolution possibilities when drafting dispute resolution clauses or other contracts for their clients. All lawyers should understand the interaction between legal analysis and the preparation of documents, the counseling of clients, and the consideration of settlement possibilities. Thus, it is just as bad to teach ADR courses without significant discussion of the importance of legal doctrine as it is to teach doctrinal courses without serious reflection of ADR.

Page 6: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

Develop expertise. Demonstrate commitment.Distinguish yourself.

Page 7: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

The Mandatory Mediation and ADR Program is growing in many parts of the world including countries like Italy, Canada etc. Rules of Professional Conduct requires lawyers to review ADR options with clients in every case. It will not be long before India will also follow suit. Lawyers, to remain effective and competitive, need to add new knowledge and skills to their tool kits.

The FICM Academy, leader in Conflict Management and ADR offers tailored DR Training and Coaching for Lawyers, retired judges and other DR professionals. The FICM Academy world class faculty works with individuals and small groups to design, develop and deliver ADR effectiveness training that will enable lawyers to advise and represent clients with confidence in a variety of ADR processes - from Negotiation to Arbitration.

The FICM Academy Offers a Comprehensive Curriculum in the field of Dispute Resolution.

Page 8: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

An overview of FICM courses

Preparing lawyersFor today’s real World lawyering.Developing the Skills and Knowledge Lawyers will Need to Effectively Represent Clients in ADR Processes.

Page 9: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

THE FICM ACADEMY

TM

PART ONE Part One is intended to provide non-lawyers with an understanding of the law of contracts, and an introduction to commercial arbitration statutes. Lawyers admitted to the bar do NOT have to complete Part One. After all assignments have been completed, an exam must be written.

Fees:Members: INR 15000/ (plus applicable taxes)Non-Members: INR 17500/ (plus applicable taxes)

PART TWOThis part provides members of the legal profession and graduates of Part One with detailed information on the appointment, authority and role of the arbitrator; steps involved in the arbitration process; rules of evidence; and arbitration awards. As in Part One of the correspondence program, each lesson is followed by an assignment. After all assignments have been completed an exam must be written.

Fees:For graduates of PART ONEMembers: INR 15000/ (plus applicable taxes)Non-Members: INR 17500/ (plus applicable taxes)

For those who have not taken PART ONE (Those who are not members of the legal profession must complete the first part of the correspondence program successfully before enrolling in Part Two.)Members: INR 17500/ (plus applicable taxes)Non-Members: INR 21500/ (plus applicable taxes)

The FICM Academy offers a course in arbitration for individuals who prefer self-learning or are unable to attend courses. It may be started and completed according to each student’s own schedule. The 27 lessons that comprise this two-part program course covers concepts and procedures of contract law, arbitration acts and procedures.

Course in Arbitration

After completing each lesson, students must complete and submit an assignment. The assignments require full answers and opinions. Depending on the question, a brief summary of the facts, the issues, the decision and the “why” of the decision are required for a full answer. The ability to ignore unimportant information is vital. These assignments are given to test the student in his/her understanding of basic law principles and ability to analyze cases and situations. In analysis and award questions both the understanding of law and the students’ ability to evaluate all aspects of the situation and to explain them in writing are required. Some such questions may have no “correct” answers. All assignments are marked by experienced and practiced Arbitrators who will insert marks and comments for immediate feedback.

Once successfully completed, this course fulfills the educational requirements for The FICM Academy’s national designations of FICM-MCN Qualified and MCN Accredited.

Page 10: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

Certification-Dispute Resolution

Dispute resolution refers to the strategies and skills used to resolve or process disputes, generally outside of the traditional legal/court arena. The field of dispute resolution encompasses a number of processes, including mediation, negotiation, arbitration, and a number of hybrids of these processes. These processes have emerged as efficient and cost-effective alternatives to the legal system for resolving conflicts.

The Certificate in Dispute Resolution will equip you to understand and resolve disputes using a range of methods. You will be exposed to several dispute resolution methods and the skills that a mediator brings to the process. The program will enable you to study the academic theory of dispute resolution, and will apply that theory to the development of practical mediation skills, which will assist you in the achievement of fair, balanced, and ethical dispute outcomes.

Four electives are also required. The following list is not a comprehensive listing, but gives an idea of available topics which will vary by term:

Ÿ Designing Dispute Resolution Systems (3 hours)

Ÿ Employment Law (3 hours)Ÿ Engaging in Conflict (3 hours)Ÿ Advanced Negotiation (3 hours)Ÿ Arbitration (3 hours)Ÿ International Negotiation (3 hours)Ÿ Neuroscience: The Role of the Brain in

Emotion, Collaboration and Conflict (3 hours)Ÿ Communication and Dispute Resolution (3

hours)Ÿ Workplace Conflict Management (3 hours)Ÿ Organizational Change Management (3 hours)Ÿ Leadership for Successful Organizations (3

hours)Ÿ Family Mediation and Law (3 hours)Ÿ Education & Dispute Resolution (3 hours)Ÿ Role of the Ombuds in Organizational Conflict

(3 hours)Ÿ Team Building Theory and Practice (3 hours)Ÿ Assessment and Interviewing (3 hours) Ÿ The Media and Crisis Management (3 hours)Ÿ Healthcare and Dispute Resolution (3 hours)Ÿ Public Policy: From Chaos to Collaboration (3

hours)Ÿ Religion & Dispute Resolution (3 hours)

The Program in Dispute Resolution requires completion of 21 hours (7 classes). Coursework comprises descriptive readings, observations, simulated exercises. The following three courses are required:

Psychology of ConflictWhat happens when one party in a conflict wants something that another party resists doing or giving? Conflict can arise in groups, between individuals in many different settings. The focus of this course will be on the psychological context of negotiation, the personal and social influences on the parties in negotiation, and the impact of these conditions and behaviors on the outcome.

Mediation and Dispute ResolutionInvestigates the dynamics, benefits, constraints, and essential skills needed in third-party intervention to facilitate a constructive resolution of conflict. In addition, the mediation process is defined, and the history, development, and theory of conflict resolution in negotiation is examined.

Negotiation and Dispute ResolutionExplores the communication skills, the recognition of competitive and cooperative communication styles, and the techniques necessary to break an impasse. Students will learn how to create an atmosphere that fosters negotiation, to manage difficult situations, and to mediate win-win situations.

Page 11: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

ADR Clinic - 2 hours

The ADR Clinic is an opportunity to learn about, observe, and participate in these various processes. The Clinic will equip participants to function effectively in a spectrum of legal disputes and to apply theoretical frameworks in the context of real-world issues and complexities.

Decision Tree Analysis for Lawyers & Mediators - 1 hour

This course introduces fundamental concepts and techniques for analyzing risk and formulating sound decisions in the face of uncertainty and applies that learning to the work of lawyers and mediators. Decision Tree Analysis or Risk Analysis is used to build a visual map of the possible outcomes in a litigated case and to predict the likelihood of those results. It can be extremely useful for an attorney planning litigation strategy, preparing for settlement negotiations, or communicating with the client or with counsel on the other side about risks and expected value.

Client Interviewing & Counseling - 2 hours

This course will introduce participants to a practice-oriented approach to interviewing and counseling. Counseling encompasses identifying, for the client, the various legal and non legal alternatives in order to provide the client with the information he/she needs to make an informed decision as to how to resolve his/her problem. We will also spend some time recognizing the barriers our own personalities erect to effective attorney/client relationships. The overall objective of the course is to enable participants to effectively interview and represent clients.

Lawyer As Problem Solver - 2 hours

This course is designed to encourage participants to learn more about themselves, think about how they will relate to their clients, and the impact of the practice of law on their personal lives, with the ultimate goal of exploring the motives and methods we use to solve problems. The course will begin with readings and discussions on the practice of law as it relates to emotional competence, personality traits, collaborations and spirituality. The course will then focus on the study and application of creative problem-solving methods that can be used to improve overall client satisfaction.

Mediation Advocacy - 2 hours

This course will examine and develop the unique skill set necessary to operate as an effective advocate for parties in non-adversarial dispute resolution processes, particularly mediation. The course is taught using interactive role-plays and simulation exercises. Topics addressed will include selecting a mediator, preparing the case and the client for the process, developing problem-solving approaches, preparing mediation presentations, effective negotiation strategies and tactics, and drafting workable resolutions.

Negotiation All Around Us - 3 hours

Participants gain a theoretical framework for understanding negotiation practices and processes through current literature in the area, tested against experience gained through realistic role-plays and simulation exercises. The class is highly interactive and challenges students to use past experiences with conflict to simulate the complexity of circumstances they will face in their future professional careers.

Theories of Conflict 2 hoursThe role of the lawyer is increasingly understood to require core competencies in problem-solving and managing conflict. Therefore, effective representation is enhanced by a deeper understanding of the sources and nature of conflict. This course will examine conflict from a variety of theoretical perspectives including biological, psychodynamic, communication, social systems, and management. Implications for conflict escalation, de-escalation, and conflict transformation will be addressed. Upon completion of this course students will be able to:

Ÿ Recognize a variety of causes of conflict and conflict escalation, leading to greater ability to alter nonproductive responses to conflict.

Ÿ Recognize types of conflict that are beneficial and detrimental to individual, group, and/or organizational outcomes, leading to ability to foster productive conflict.

Ÿ Recognize the advantages, disadvantages, and potential outcomes of a variety of conflict management strategies.

Ÿ Analyze the characteristics of a given conflict, improving the ability to select appropriate conflict management strategies for different conflict situations.

Ÿ Respond more productively to conflict through effective dialogue and negotiation.

Other Elective Courses - The balance of hours necessary for the Certificate may be earned in following electives:

Page 12: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

The Meditate with Emotional Intelligence course is a self-paced online course. To successfully earn certification, learners must complete all of the exercises within each Module and score 80% on an online multiple choice exam.

Course Learning Modules

Ÿ Module 1: What is Emotional Intelligence (EI)?

Ÿ Module 2: Emotional Intelligence and the Mediation Process

Ÿ Module 3: Application of EI Concepts to Mediation Scenarios

Ÿ Module 4: Mediation Practice Professional Development Plan

Ÿ Module 5: Conclusion and Exam Course Format: Self-Study online learningCourse Fee: Rs. 4,500/-

The purpose of this course is to provide learners with the knowledge to ethically serve as Mediators. Learners will gain knowledge about how to structure their approach to mediation and business practices based on the "Model Standards of Conduct for Mediators.

Course Learning Modules

Ÿ Module 1:Self-Determination, Impartiality and Conflicts of Interest

Ÿ Module 2: Competence, Process Quality and Confidentiality

Ÿ Module 3: Advertisements and FeesŸ Module 4: Conclusion and Exit Exam

Course Format: Self-Study online learningCourse Fee: Rs. 3,500/-

This FICM Certificate Course on Mediation is a 5 weeks course designed to provide an in-depth knowledge of the Mediation process. Through this course participants will be able to gain a working knowledge of Mediation and acquire skills required to conduct a Mediation process.

This Certificate Course on Mediation is a 5 weeks course and contains 4 Modules, 4 Role-play Exercises and 2 Assessments [online quizzes].

Course Format: Self-Study online learningCourse Fee: Rs. 7,500/-

.

ETHICAL MEDIATIONMEDIATE WITH EMOTIONAL INTELLIGENCE

MEDIATION

FICM MEDIATORACCREDITATION COURSE

Page 13: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

MEDIATION

The objective of this course is to provide mediators with the knowledge to effectively mediate disputes by leveraging motivational interviewing techniques during the information gathering stage of the mediation process. This course will explore motivational theories, techniques and standards of conduct to support mediators.

Course OverviewModule 1: Motivational Theories for MediationModule 2: Motivational Interview TechniquesModule 3: Mediation ProcessModule 4: Conclusion and final exam

Course Format: Self-Study online learningCourse Fee: Rs. 3,500/-

The purpose of this course is to provide Mediators with the foundational knowledge to understand mediate medical malpractice cases. This course is 1 CME/CE hour and consists of the following Modules:

Module 1: Historical and Legal Context of Medical Malpractice casesModule 2: Medical Malpractice Mediation ProcessModule 3: Current Trends in Medical Malpractice MediationModule 4: Conclusion and Exit Exam

Course Format: Self-Study online learningCourse Fee: Rs. 3,500/-

Conflicts are often triangular in nature and include 3 sides. This course provides users with insights into their own conflict preference and provides ways to resolve workplace conflicts when the conflict situation differs from the person's style.

Module 1: Explore geometric triangles and conflict stylesModule 2: Take the Conflict Experience Triangle Preference Profile (CETPP) to learn triangle preference typeModule 3: Examine conflict management alternativesModule 4: Develop action plan

Course Format: Self-Study online learningCourse Fee: Rs. 3,500/-

EFFECTIVELY MEDIATE MEDICAL MALPRACTICE CASES

WHAT SHAPE IS YOUR TRIANGLE?

EFFECTIVELY MEDIATE WITH MOTIVATIONAL INTERVIEWING

Page 14: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

Many lawyers, consultants and professionals struggle to approach conflict resolution correctly because of lack the required skills.

This course outlines the diverse ADR practice prevailing in India and its utility across different settings – both domestic and international. The aim of this course is to discuss practical applicability of each Alternative Dispute Resolution technique and to create skillful negotiators, mediators and arbitrators to cater to the requirements of various segments of people both domestic and international.

COURSE OUTCOME After completing this course, learners will be acquainted with the knowledge and skills with regard to:

Ÿ ADR mechanism and its comparison with traditional litigation

Ÿ Various ADR techniques in practice and the difference between them

Ÿ Practical procedures for various ADR techniquesŸ Interface between domestic and international space

in context of various ADR techniques

COURSE OUTLINE Module 1 – Introduction to ADRModule 2 – Arbitration: OverviewModule 3 – Laws Governing ArbitrationModule 4 – Procedure for ArbitrationModule 5 – Mediation, Conciliation and Other forms of ADRModule 6 – Sector Wise Practical Application of ADR MethodsModule 7 – Conclusion

Course Format: Self-Study online learningCourse Fee: Rs. 7,500/-

Alternative Dispute Resolution: Easing the Litigation Lifecycle

Page 15: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

How do you view negotiation? Many lawyers think it’s a simple process with little preparation where you get the other side to give you what you want, any which way you can. This competitive and adversarial approach leads to a win-lose battle that’s often unproductive. In fact, negotiation is a far more complicated process and demands a different mind set that recognizes the inherent tension in negotiation: you must engage the other side in order to get to agreement while both sides are in a seeming struggle to achieve apparently conflicting objectives. Creativity, option development, respect for opponents and satisfying parties’ genuine underlying interests rather than their positions.

You’ll appreciate varying approaches people take to negotiation, discover ways to lessen competitive tendencies, become more conscious of options you can use rather than relying on raw intuition, appreciate the significant human elements impacting negotiation success, and learn the value of planning.

A. EXPANDED COMMUNICATION SKILLS

In adversarial settings, assertion skills dominate: lawyers use logic, well-developed statement and presentation skills, tightly orchestrated cross-examination questions, and tools to connect with the trier-offact, such as compelling language, analogies and themes, to win the day. But when you negotiate, an additional set of communication tools comes into play along with asserting. Those skills focus on enhancing dialogue to solve the problem. It’s usually a challenge for lawyers to move from assertive statements to a wider band of communication skills. So negotiators learn to use better listening skills which includes confirming understanding of the other side’s statements. They use open-ended questioning rather than restricted cross-examination formats to understand and dig out relevant information. They focus on body language and other signals embedded in communications that can provide information indirectly. They also refine assertion skills by ratcheting down the tone and format of statements to express needs compellingly without rancor. So negotiation will complement any communication skills learned in adversarial settings. But beyond improving your negotiating ability in disputes, these skills will assist you in conducting your daily practice interactions including interviewing clients, unearthing their real needs and interests, advising them of your evaluations, enlarging their view of solution potential, calming them down, and in a host of other ways both professionally and personally.

Negotiation Approaches

Ÿ Expanded Communication SkillsŸ Enhanced Persuasive SkillsŸ Appreciation of the Role of Perceptions Ÿ Appreciation of the Human DynamicŸ Expanded Problem Solving Ability

Page 16: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

B. ENHANCED PERSUASIVE SKILLS

The persuasion studied in most courses emphasizes logical rational analysis. Appellate judges apply it inevery case based on the lawyers’ logical presentations. Needed in negotiation? By all means. But persuasion to induce another to make a deal requires more. It includes your credibility, command of the subject, astute use of reasonable demands, varied questioning, and relationship building with the other side. We also persuade by showing our willingness to be persuaded: by meeting the other’s needs and concerns and exploring a variety of options that might satisfy both entities rather than only pushing our agenda. And some psychological insights come into play about framing our requirements and anticipating likely reactions so we can make our offers more acceptable. While adversarial persuasion involves many of these tools, they are used to convince an outsider that you’re right. Negotiation persuasion seeks to embrace your opponent, from whom you want something for yourself, and requires persuasive approaches we ordinarily don’t consider.

C. APPRECIATION OF THE ROLE OF PERCEPTIONS

Every trial lawyer knows that perception plays a role in the court room: it’s not just about facts. Trial advocacy aims, in part, to shift the judge or juries’ perceptions in your favor. In negotiation, we also deal with perception change efforts since negotiators, like everyone else, bring misperceptions to the negotiation table. They make assumptions, they suffer from partial or selective perception, and they tend to view the opposing side with suspicion. So, we seek to amplify those perceptions to remove the negative conclusions the other side draws from their misperceptions which impede willingness to find solutions. We clarify our intent that may have been misperceived; we demonstrate we’re not just competing which they might have assumed; and, we suggest solutions to demonstrate regard for their concerns as well as our own. Even in making offers, we account for perception barriers in the way we state offers and use rationales to caste new light on their justifiability. We recognize that the way we use actual leverage or power can alter the other’s perceptions toward or against us.

D. APPRECIATION OF THE HUMAN DYNAMIC

One can’t effectively negotiate or help orchestrate it as a mediator without recognizing the human emotions at play in disputes. Emotions greatly affect receptivity to settlement proposals. Anger at past events, negative reactions to offers deemed insulting, absence of control over a situation or perceived lack of respect, attention or appreciation can derail deals. On the other hand, creating a positive emotional environment by building trust, building relationships across the table, and acknowledging the other’s emotional state can alleviate some of the negative feelings in negotiation. These courses will highlight the need to consider the human element whenever you deal with clients or others in conflict.

NEGOTIATION APPROACHES

E. EXPANDED PROBLEM SOLVING ABILITY

Many lawyers went to law school to help people solve problems. Then, the adversarial adjudicatory system gets ingrained in their blood. That system and the rule of law it’s built upon are still the best route to justice I know, when you can’t settle matters. But, to function well as a 21st century lawyer, you need to complement your adversarial skills with problem solving abilities that support the mutual search for solutions when conflict exists. The negotiation skills you’ll garner in the consensual ADR courses will prepare you to engage in collaborative problem-solving whenever possible and apply many of its tenets and skills even in extremely competitive situations.

Rounding out adversarial advocacy courses with vital settlement skills will pay vast dividends in every area of law practice despite your chosen field. You’ll be more confident and prepared for the challenges ahead and more successful as you join us in the near future.

india.mediationhub.org

Page 17: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

The FICM academy cultivates best-of-breed new world dispute resolvers and conflict managers.

FICM Academy’s blended learning delivery format offers flexible study options and is open to students, professionals and learners across all categories.

Materials and tutorials are delivered online and workshops are held in short intensive face to face sessions. The flexible learning options allow individuals to organize study around their work and life commitments. The content is highly practical and experiential, providing students with a solid understanding of conflict management in the new world and innovative application of a variety of dispute resolution mechanisms like arbitration, med-arb, mediation and other tactical interventions.

india.mediationhub.orgindia.mediationhub.org

Our training creates best-of-breed new world dispute resolvers and conflict managers in law students, practicing lawyers, corporate leaders, professionals, social workers, judges and other leaders and stakeholders of our business and society.

THE FICM ACADEMY

TM

Page 18: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

To succeed in today’s practice, lawyers need distinct integrated skills that form the part of FICM ADR programs -

Interviewer: As interviewers, lawyers should employ good interpersonal skills to obtain important information from clients and build a strong rapport. In addition to interviewing clients, lawyers must also interview others, such as witnesses and potential jurors. Moreover, lawyers informally interact with a wide range of other actors including opposing counsel, judges, court clerks, office colleagues, and their office assistants, among others. A knowledge of psychology can help lawyers become more effective in all these contexts.

Counselor: Attorneys should be prepared to help clients consider a range of nonlegal factors, such as effect on relationships and reputation, that may affect clients' interests and shape clients' decisions. Lawyers should use good interpersonal skills to describe and analyze the clients' options and help them select among them.

Process-selection advisor: Lawyers should help clients decide among various process alternatives including negotiation, mediation, arbitration, litigation, and the numerous variations and combinations of these processes, as well as use non-legal options such as seeking to resolve a dispute through a political process or in the press. Indeed, lawyers should create and tailor processes to satisfy their clients' interests. Attorneys should be prepared to help clients consider the advantages and disadvantages of dispute resolution strategies that might best advance clients' interests. This is important in dealing with ongoing disputes and also with transactional matters when planning how to handle potential future disputes.

Negotiator: Negotiation is a major part of the work of virtually all lawyers, regardless of whether they do civil or criminal cases, litigation or transactional work. Attorneys should be prepared to use psychological and economic insights, as well as legal analysis, to help clients decide whether, when, and on what terms to attempt to negotiate in a dispute or potential transaction.

Advocate: In any process, whether negotiation, mediation, arbitration, administrative tribunals, trial courts, or appellate bodies, good lawyers should be strong advocates for their clients.

Transactional problem-solver: Many attorneys draft agreements, rules, and other kinds of documents, or obtain authorization for various sorts of projects. To assist clients in such endeavors, attorneys should help clients develop various creative options and consider the advantages and disadvantages of the options.

For the effective and competent practice of law in this new evolving world, Lawyers should be both legal advocates and problem solvers for their clients.

Lawyers should be able to help their clients consider their legal options in the broader context of their more general goals and interests. Lawyers should, for example, be prepared to help clients consider economic, reputational, psychological, moral, and justice implications of alternative courses of action, as appropriate.

Why you need?FEW MORE COMPELLING REASONS

Page 19: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

be a peacemaker.Disputes are bound to happen in professional settings and in our personal lives. Preventing damages in terms of time and money, and resolving disputes early by using innovative interventions is the only way we can manage disputes effectively.

The innovative non-court dispute resolution approach is growing as organizations and individuals are finding merits in resolving their disputes outside the adversarial, public, slow and expensive litigation process.

Negotiation, conflict resolution and collaboration skills are now highly valued among dispute resolution professionals - and greatly needed - in today’s workplace. In fact, conflict resolution-related positions are expected to grow faster than the average occupation. It’s a market that demands skilled professionals to be qualified with conflict management certifications.

FICM offers NEW WORLD

Dispute Resolution training

through short courses and

certificate programs.

We provide courses that teach

how to manage and resolve

conflicts, negotiate better deals,

communicate more effectively,

develop leadership skills and

preserve relationships.

india.mediationhub.org

With The FICM Academy ADR Courses.

Page 20: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

For more details about our courses and custom offerings,Contact us at 08505999820 or [email protected]

Address:

W-122, Second Floor,Greater Kailash-II, New Delhi 110048, India

Phones:

+91 11 29 22 3019+91 11 29 22 3017+91 85 05 99 9819

Email:

[email protected]

FICMFederation of Integrated Conflict Management

ABOUT THE FICM ACADEMY

The FICM Academy is the study, learning and cultivation arm of FICM-MCN.

At FICM Academy, we offer a wide range of training and development programs across the field of Dispute Resolution. Our mediation, negotiation, arbitration, conflict management and other ADR training programs assist beginners, leaders and decision-makers of all backgrounds that help them develop unmatched skills to prevent, manage and resolve disputes of all kinds.

We pioneer an extensive range of new world training programs across the civil, commercial, workplace and family sectors. Our training delivery ensures that professional mediators and arbitrators with FICM qualification have both the skills and the credibility to become successful civil & commercial, workplace or family mediators, arbitrators and ADR professionals.

THE FICM ACADEMYStudy, learning and cultivation arm of

india.mediationhub.org

Page 21: THE FICM ACADEMYindia.mediationhub.org/wp-content/uploads/2018/06/FICM-MCN-TRAINING... · Family Mediation Centers, Arbitral Institutions, Ombudsman services, Consumer Dispute redressal

The modern civil justice system involves a repositioning of courts and an acknowledgement and understanding of the breadth of the justice system. As justice is increasingly perceived as a much broader concept, and the system involves a number of non-static elements, the litigation system and judicial dispute adjudication will be viewed as a far smaller, although critical, dimension of a broader justice system. There is a rapid increase in important and expanded role of the alternative dispute resolution (ADR) environment within the civil justice system.

The relationship between the parts of the system that focus on dispute resolution are symbiotic - each is reliant on the other and each is required to support a just society. Institutionalized justice is supported by informal justice, and informal justice requires institutions and impartial judicial determination. The integration of ADR at all levels of the justice system has significant implications for courts.

perhaps access to justice has got much less to do with lawyers and courts than most of us have realized.” In other words, the third wave of the access to justice movement no longer located the formal legal system as the sole domain of justice.

- The Role of the Courts in the New Justice SystemTania Sourdin

“FICM

Federation of Integrated Conflict Management

THE FICM ACADEMYStudy, learning and cultivation arm of

india.mediationhub.org