PROFESSIONAL MEDIATION TRAINING

SPECIAL PROGRAMME FOR

KENYA SCHOOL OF LAW STUDENTS (15th -20th JANUARY 2017, 23RD
-27TH JANUARY 2017, 30TH JAN 3RD FEB 2017 and 6TH -10TH FEB 2017 )
INTRODUCTION
Increasingly, Alternative Dispute Resolution (ADR), such as negotiation,
mediation and Conciliation, have been relied upon to resolve conflicts
outside the traditional adversarial system. In fact, these types of dispute
resolution techniques are no longer "alternative", and have been
incorporated into mainstream conflict resolution, including litigation. Despite
the recognized importance of ADR, however, most organizations are only
exposed to these initiatives in a cursory manner. This is especially true at our
institutions in Kenya and East Africa.
Importance of ADR
There is a growing recognition in the legal community that the traditional
adversarial system can be limited in its effectiveness. While the adversarial
system may yield satisfactory results in many instances, increasingly people
are turning away from the adversarial system to resolve their disputes. More
specifically, the adversarial system does not promote continuing
relationships between the parties.
Shortcomings of the adversarial system are that "it is hard on the people
involved, it is expensive, unpleasant and seldom yields a winner that is
completely satisfied with the outcomes and almost invariably has at least
one loser." As a result, it can often be unhelpful in resolving conflict in a
satisfactory manner for the parties involved. Consequently, ADR has
emerged as a method of obtaining fair, faster, effective and affordable
justice by allowing parties to control the process.

OBJECTIVES OF THE TRAINING

The objectives, include, among others, the following:-

To raise in participants a level of self- awareness and self- confidence

for success in life

To equip participants with the required competence to determine

matters that qualify to be resolved through mediation in their areas of
practice
Strengthening the ability of mediators to transform conflict
To help participants learn the practical skills, strategies and techniques
necessary in professional mediation.
To help participants to understand the necessary theoretical
foundations of Different types of Mediation
To help participants to appreciate the ethical issues and policy
considerations of professional mediation practice in the public and
private sector
To help participants to review and/or learn communications theory and
skills, conflict management theory and skills, and negotiation theory
and skills
To help participants to review and/or learn the legal information,
business and financial considerations relevant to mediation practice.

TRAINING METHODOLOGY
The methodology to be used during this training includes lectures, role
plays , plenary discussions, PowerPoint presentations, case studies and
simulations. Participants will be engaged in Hands on practice based
instructions which will provide them with skills and confidence which
they would need in future to capably use ADR in a broad spectrum of
settings and circumstances.
ACTIVITIES AND OUTPUTS
The following activities will be conducted during the period of training.
I.
Course programme
The course program to be covered by the group is attached herewith
and marked (Appendix A)
II.
Group Activity
Participants will be split into Groups, and role play a number of cases .
Attached and marked (Appendix B) is a list of role plays and case
studies to be undertaken during the course .
OUTPUTS

At the completion of the course those participants who qualify will be

certified as Professional Mediators by MTI INTERNATIONAL
U.S.A
A Training evaluation will conducted using forms to be provided.
CONCLUSION

The participants at the end of the training are expected to have gained the
core competencies of Professional Mediators; they are expected to have
mastered the advanced concepts for becoming professional mediators and
gained the practical skills to carry out mediation processes, negotiation
processes in the business environment/ community.

NUMBER OF PARTICIPANTS
Since this is a special course for students about to graduate from the Kenya
school of law , we can accommodate up to 25 students per class on a first
come basis.
RESOURCES REQUIRED
MTI will provide training Material ( Each student to receive four mediation
modules , a text book, the mediation manual , communication skills for
mediation booklet, a video films CD, the mediation map and A folder full of
mediation notes ) , Tuition and Certification, The school of law will provide
the conference facility and the students will cater for their own teas and
lunches
FACILITATOR DETAILS
The chief trainer is Mr. James Mangerere Advocate, who is a Certified
Master Professional Mediation Trainer by MTI INTERNATIONAL U.S.A, a
patron of The Chartered Institute of Mediators (CIM) and a Member
of Chartered Institute of Arbitrators (UK) . Assisted by three other
facilitators who are certified trainers.
DURATION
As per the attached course program
TRAINING COSTS

Each participant will pay Kshs 30,000/= plus vat , this is subsidized fees for
the students of the law school and their lecturers only . Registration and
payment must be made by close of business on 31st October 2016 .
For any clarification, please do not hesitate to contact Mr. Mangerere on
telephone nos 0707124831 /0733854901/020 2227886 or visit our website
below. Postal address P.O Box 42199-00100 Nairobi. Physical address: Agip
House 4th floor suites 404&405

Thank you
Yours faithfully

JAMES MANGERERE ADVOCATE

PRESIDENT AND REGIONAL REP-MTI AFRICA

. WEB: www.mtieastafrica.org , www.mediationworks.com

EMAIL: info@mtieastafrica.org , mangererej2015@gmail.com

APPENDIX A

TRAINING

PROFESSIONAL MEDIATION
SPECIAL PROGRAMME FOR KENYA SCHOOL OF LAW

STUDENTS(15th -20th JANUARY 2017, 23RD -27TH JANUARY 2017, 30TH

JAN 3RD FEB 2017 and 6TH -10TH FEB 2017 )
TOPICS

FROM

TO

Pre-course assignment (to be

taken by participants Three
weeks prior to the date of the
workshop)
Day 1:
- Welcome, Introductions
-Overview of ADR ( The ADR continuum )
-Definition of conflict (video)
CONFLICT DYNAMICS PROFILE
The Core Competencies, Part 1
Necessary Knowledge in Mediation
(Modules 1)

8.30 AM

4.30 PM

8.00 AM

5.00 PM

8.30 AM

5.00 PM

SELF MEDIATION: Doing mediation

without a mediator(module 2)

Day 2:
-EFFECTIVE COMMUNICATION
-COLLABORATIVE NEGOTIATION
-ASSERTIVENESS
-EMOTIONAL INTELLIGENCE

MANAGERIAL MEDIATION: Doing

mediation without a professionally
trained mediator(Module 3)
Role plays and assessment in
Managerial mediation.

Day 3: PROFESSIONAL MEDIATION

ADVANCED CONCEPTS:
Understanding Conflict Behavior
Learning and discovering:

The Mediation Map: The road from

disagreement/conflict to
agreement/cooperation

Building on the core competencies:

Toward professional mediator

competency

Power, rights, interests: The (only)

three approaches to any conflict

The three illusions about conflict that

cripple all people of all cultures
- Win/Lose: The illusion of the zerosum outcome ("Only one of us can be
right.")
- Bad Person: The illusion of blame
("It's your fault, so you must
change.")
- Boulder-in-the-Road: The illusion of
hopelessness ("We can't get there
from here.")

The unconscious psychology of

attitude change: Conciliatory
gestures and the inhibitory reflex

Conflict management strategies

- Individual styles
- Organizational cultures

Defensiveness/aggressiveness: How
feeling threatened produces hostile
behavior

The ambivalence/projection/polarization
sequence: How intolerable uncertainty
leads to fault-finding.
ADVANCED METHODS: Influencing
Conflict Behavior
Learning, observing, demonstrating, and
practicing:

Transforming understanding into

effective mediator interventions
(from theory to action)

The three primary tasks of the

mediator, revisited

Methods of influence as mediator

- Listening: Hearing and being heard
- Asking questions: Uncovering
disputants' subjective realities
- Reminding (rules, goals, facts): The
mediator as authority (the "process
leader")

Perspective-taking: Removing
perceptual blinders

Framing and reframing: Creating new

contexts to change beliefs

From positions to interests: Turning

impractical demands into statements
of underlying need (opportunities for
compromise)

Uncovering each disputant's BATNA

("best alternative to a negotiated
agreement")

Power balancing: Ensuring fair

solutions

Defusing emotions (anger, fear,

despair)

Dealing with aggressive behavior:

Prevention of bullying during
mediation

Guided brainstorming: Leading

synergistic thinking

Agreement formalization: Making deals that

work.
-Team Mediation.
- Strategic Management of
Organizational conflict

THE MEDIATION PROCESS

- Personality types
- Theories, principles and practice of
mediation
-Cases appropriate for mediation
-When and when not to mediate
Beginning the Mediation: Preconvening
Entry stage Establishing credibility
Overview of the mediation process
Role of a mediator and ethical
consideration
o Pre mediation process-establishing
mediator credibility
Logistics scheduling, contact info,
locations, setting the room, fee agreements
etc.
initiating a mediation process
preparation of briefings and The
opening statement
Identifying issues
Structuring the discussion of issues
Separate meeting with parties
Moving parties to settlement
Closure
Ending Mediation
Crafting agreements
When there is no agreement
Negotiating next steps with the
participants

DAY 4
Integrating Concepts and Methods
Advanced Mediation tools and
Techniques
Barriers and Challenges to
mediation

Most common temptations for

mediators
Benefits of mediation
Role of Lawyers in a mediation
process

8.30

AM

5.PM

Introduction to Court mandated

mediation Pilot Program.
Mediating Insurance disputes
FAMILY MEDIATION PRACTICE
-FAMILY MEDIATION VIDEOS
FAMILY MEDIATION CASE STUDIES
COMMUNITY
COMMUNITY
COMMUNITY
STUDIES
COMMUNITY

MEDIATION PRACTICE
MEDIATION VIDEOS
MEDIATION CASE
MEDIATION ROLE PLAYS

DAY : 5 MEDIATION
PRACTICE:

Starting and
managing a
mediation
practice
Standards of
conduct of
mediators
The future of
mediation

Role Plays
with feedback
on all types of
mediation
-Learning,
observing,
demonstrating,
and practicing:

8.30 AM

4.00 PM

Assessment
Post course
assignment
Application
planning: Each
participant
leaves with a
personal action
plan and a
managing of
differences test
Summary/Evalu
ations
Adjourn

DAILY TIMINGS TEA BREAK 10.30 AM TO 11.00AM, LUNCH BREAK

1.00 PM TO 2.00PM, AFTERNOON TEA BREAK 3.15 PM 3.25 PM
N/B- Pre course and post course assignments must be collected from
our offices by the participants and be completed accordingly as they
form an integral part of the assessment.
We Use a wide variety of formats to Teach in this course, including lectures,
discussions, videos, role-plays, and simulation exercises.
Times may be adjusted to meet the needs of the group. Early
departures are NOT allowed; The course is intensive ( 50
HOURS) and requires full concentration. .Should such Early
departures be necessary, please advise the instructor in
advance.

APPENDIX B
List of Cases for Role plays
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.

Nuts and bolts Manufacturing

Catastrophe Mutual Insurance Company
Patients R Us Hospital
Burning motor boat
Otorongongos Dilemma - (sex change)
Ojwang - Succession case.
Cotran and Wambui - Sexual harassment case
The family picture

CASE STUDIES
-JUA KALI MODERN AMALGAMATED INDUSTRIES.
- DISSOLUTION BECAME RESOLUTION!
-TIME IS OF THE ESSENCE
-NEIGHBOURHOOD DISPUTE OVER NOISE LEVELS
-COMMERCIAL DISPUTE OVER A HOUSING EXTENSION.
-COMMERCIAL DISPUTE OVER A MOTOR BIKE WARRANTY.
-COMMUNITY MEDIATION DISPUTE
- FAMILY MEDIATION DISPUTE