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Currently Offered by Ron Kelly?Are You looking For Descriptions of the Trainings
Currently Offered by Ron Kelly?1. Business Mediation Skills Training - 40 Hours
2. California's New Code Chapter Governing Mediation - 3 Hours
3. Mediation and Arbitration For Business - 30 Hours
4. In Your Face - On-the-Job Conflict Management Skills for Preventing Claims and Lawsuits - 3-6 Hours
5. Preventing Claims and Lawsuits - Partnering - 3-6 Hours
6. Preparing for Mediation - 3-6 Hours
7. Settling Disputes by Informed Consent - 3-6 Hours
8. Writing ADR Law and Rules - 3-6 Hours
Please Note: You can take this training as an individual through the University of California Berkeley Extension. It carries continuing education credits, including MCLE credit for attorneys. Also available to organizations directly through Ron Kelly.
In this intensive 40-hour training, you gain the ability and confidence to resolve almost any business dispute, as a mediator, negotiator, or representative. Through lecture, discussion, dispute simulations, and video, you'll learn the skills and strategies of a successful mediator. You learn how to create a planned, step-by-step process to resolve nearly every kind of business dispute.
We're seeing an enormous upsurge in business mediation in California. Mediation skills are now an essential part of your professional training, whether you are in law, business, human resources, project management, or any other field where you'll be dealing with disputes and conflict.
General Description: This training mixes classroom lecture and discussions, analysis of video examples of different aspects of mediation, and hands-on practice exercises. Guest lecturers provide a detailed focus on several of the most common areas for mediation of business disputes. You will be involved in several simulated mediations to practice your skills and receive feedback, and will receive videotapes of yourself for your own review. Topics covered in the training are described below.
1 .Overview
Core Concepts Of Mediation
Common Types And Styles Of Business Mediation
Common Issue Areas In Business Mediations
Working With Different Common Participants In Business Cases
Mediation As Conflict Management
Mediation As Dispute Resolution
2. Dynamics of Human Conflict
Understanding Structures Which Maintain Conflict and Contest
The Shift From Blaming To Active Cooperation
3. Elements of Conflict Management in Business Mediation
Handling Initial Contacts
Conflict Assessment and Preparing Parties for Mediation
CM Strategies for Face-to-Face Processes
CM Challenges in Implementation of Settlements
4. Mediating and Settling Business Disputes
Conceptual Framework
Approaches For Setting Up The Dispute Resolution Meeting
What Needs To Be Done Before The Meeting
Upfront Structuring Of The Hearing Or Meeting
Strategies For Building Voluntary Settlements In Mediation Hearings
Specific Techniques For Mediators
What To Look Out For
5. Legally-Binding Written Agreements in the Mediation Process
Agreements To Mediate
Contract Clauses Requiring Mediation
Legally-Binding Voluntary Settlements in Business Cases
6. Mediation Ethics
National Model Standards of Conduct for Mediators - SPIDR, AAA, ABA Sections
California Participants' Rights Statement
How Parties Get Into Mediation - Ethical Issues
7. Protecting Sensitive Information - Confidentiality in Mediation
Overview And History In California
Issues In Practice
California Statutes - Legal Protections
Ethical Questions Related to Mediation Information
8. Setting Up Dispute Resolution Systems
Design, Ethical, and Public Policy Questions
Copyright 1997 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
Will You Be in a Mediation This Year?
Are you a mediator? Attorney? Involved with mediation?
California mediation law was changed dramatically as of Jan. 1, 1998. The state enacted a new code chapter governing your mediations and the enforceability of mediation settlements. The main former confidentiality sections, Evidence Code section 1152.5 and 1152.6 were both repealed in their entirety. If you have contracts or forms which reference these, you will want to revise them promptly.
Mediation law across seven different California codes was repealed, amended and unified into the fourteen new code sections in this chapter (Evidence. Code Sections 1115-1128). It governs mediation in nearly every sector - including civil actions, insurance, environmental, family, labor-management, community, and agency actions.
The new chapter defines mediation and who can conduct it, provides requirements for enforceable settlements, and prohibits mediator reporting and coercion. It expressly extends confidentiality and other protections into later arbitrations, administrative hearings and court actions. The new chapter changes numerous other aspects of current law that you will want to understand, including disclosure rules and what statements and documents from a mediation can now be used as evidence later.
Come join Ron Kelly, who initiated and guided the formation of the new law.
Workshops are offered through local bar associations and other organizations.
Come learn:
Ron Kelly teaches mediation through the University of California Berkeley Extension, local bar associations, and professional organizations. He was the Law Revision Commission's expert advisor in drafting the new chapter, and has played a central role in the development of California law and regulation in the field. A founder of the California Dispute Resolution Council and the Northern California Mediation Association, Ron has been honored for his legislative work by the American Arbitration Association and many other ADR organizations.
Copyright 1997 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
Course Description
In this intensive thirty-hour course, participants will gain a clear understanding of how to manage and resolve all kinds of business-related and workplace conflict, and how to prevent most lawsuits efficiently and ethically. The instructor will use classroom lecture and discussions, hands-on practice exercises, and analysis of video examples, to familiarize students with the main aspects of interest-based negotiation, mediation, arbitration, and hybrid alternative dispute resolution processes, and with the basic concepts of conflict management. Participants will conduct several simulated mediations and arbitrations to experience the perspectives of disputants and of the neutrals who decide their cases. Readings will provide a solid foundation for understanding the principles and applications of ADR. Participants can expect to spend an amount of time on assigned reading and written work approximately equal to the time spent in the classroom. Participants will receive a full set of model forms and drafting guides. They will be expected, as a major part of the written work for the course, to create their own step-by-step process for preventing and resolving disputes in their business or area of interest.
Background
This course was designed as the first step toward developing a professional series in dispute resolution and conflict management, pursuant to a contract with UC Extension. Its focus and structure were developed over a one year period with the active participation of local bar association leaders, corporate counsel, business professionals, dispute resolution professionals, court ADR administrators, and Business and Management Department staff. It was selected as the winner in its category in a 1997 worldwide competition for conflict resolution trainings.
Main Course Units and Objectives for Each:
Overview Of The Field (First Evening)
Give you an introduction to the most common alternative dispute resolution processes, typical areas for their use in the business world, and the most common participants in business conflicts. Discuss the differences between conflict management and dispute resolution.
Elements Of Conflict Management (First Full Day Morning)
Give you an understanding of the central causes and dynamics of human conflict and approaches for managing it in ways that maintain working relationships. Introduce concepts of conflict assessment and conflict prevention. Provide familiarity with the use of some basic conflict management tools for business-related and workplace conflicts.
Designing Dispute Resolution Systems (First Day Afternoon)
Enable you to clearly distinguish between different ADR processes, and to understand the basics questions which need to be addressed in designing dispute resolution processes, including procedural protections and ethical standards. Provide detailed framework for analysis and decision-making in designing in-house dispute resolution systems.
Conflict Communication Skills (Second Day Morning)
Develop appreciation for the specialized skills needed for effective communication in high emotion situations, to defuse conflict, and to provide for productive negotiation and resolution of conflict. Includes discussion of active listening, reframing, understanding clashes of communication styles, and why and when to allow emotional venting. (In class: view and discuss video.)
Elements of Negotiated Dispute Resolution (Second Day Afternoon)
Provide you a fundamental understanding of the difference between interest-based and positional negotiation, and between dispute resolution systems based on power, rules, or interests. Includes discussion of procedural negotiations on where, when, with whom, for how long, and about what to meet. Review of required reading on negotiation and strategies for building voluntary settlements.
Mediation Basics (Third Day Morning and Afternoon)
Provide you with an understanding of the core concepts of mediation, and some of the important procedural protections provided by law. Familiarize them with various common models and methods of mediation. Provide a working understanding of how to get mediation started, and how to prepare for productive mediated negotiations to settle lawsuits, claims, and disputes through mediation and med/arb. Simulated practice exercises will enable you to experience how a dispute looks from the mediator's view as well as from a disputant's perspective. (In class: view and discuss video.)
Arbitration Basics (Third Day Afternoon)
Provide the basic understanding needed to make better decisions about using arbitration, including whether and when to initiate, how to choose an arbitrator or arbitration service, and what specialized hearing procedures to set up. Provide an understanding of important procedural issues in arbitration, the main elements of proving an arbitration claim, and examples of different arbitration strategies and tactics. Simulated arbitration role plays will allow you to experience the arbitrator's and disputants' views of typical business disputes. (In class: view and discuss video.)
Specialized and Hybrid ADR Processes (Fourth Day Morning)
Introduce you to the variety of different specialized and hybrid processes that are in common use in different areas of the business world today, to provide insight into the latitude with which ADR systems can be designed.
Conflict Prevention (Fourth Day Morning)
Introduce you to methods for preventing many claims, liens, and lawsuits, including growing use of partnering, team-building, communications training, and other means of identifying and preventing potential disputes.
Writing ADR Contract Language (Fourth Day Afternoon)
Enable you to analyze the risks and benefits of proposed ADR contract provisions in common business contracts and to draft better customized conflict prevention and dispute resolution agreements and contracts of their own.
Copyright 1997 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
TOPICS COVERED:
- Overview of Central Causes of Claims and Lawsuits
- How to Recognize and Defuse Potentially Explosive Situations
- Physical Components of Confrontation
- How to Maintain Business Relationships During Conflict
- How to Convert Blaming to Problem-Solving
- On-Site Negotiations: How to Combine Strength with Cooperation
- How to Keep Effective Conflict-Related Records
DESIGNED FOR:
Managers, supervisors, forepersons, dispute resolvers, contract administrators, small business owners, business professionals, and others who would benefit from better conflict management skills.
OBJECTIVE:
Provide effective conflict management skills for business-related and workplace conflict, including disputes which disrupt effective working relationships, conflicts on contract projects involving contractors, subcontractors, technical experts, and suppliers, inter-team conflicts, etc.
FORMAT:
Workshop - including lecture, discussion, and practice exercises. Written materials include proven guides for defusing and resolving conflict.
Copyright 1995 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
TOPICS COVERED:
- Why Custom Projects Produce So Much Conflict - The Set-Up
- Typical Sources of Disputes
- Four Effective Strategies for Prevention
- Specific Techniques That Work
- Informed Consent to the Allocation of Risk
- How to Write Specific Dispute Prevention Contract Language
DESIGNED FOR:
Business professionals, project managers, contractors, developers, contract writers and administrators, partnering facilitators, attorneys, architects, and anyone who would benefit from better skills in preventing conflict when setting up and negotiating deals for custom projects.
OBJECTIVE:
Enable business professionals to prevent most of the claims, liens, and lawsuits which make today's custom projects so risky.
FORMAT:
Workshop - including lecture, discussion, and practice exercises. Extensive written materials include Model Dispute Prevention and Early Settlement contract language and graphic aids for negotiations.
Copyright 1995 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
TOPICS COVERED:
- Initiating Materials, Disclosure, and Client Information
- Mediator Service and Fee Agreements
- Confidentiality Agreements
- Additional Options Beyond Mediation (for Custom and Med/Arb Formats)
- Working Through a Model Preparation Questionnaire
- Using Standard Ground Rules and Agendas for Efficiency
DESIGNED FOR:
Attorneys, mediators, business professionals, psychologists, managers, case administrators, and program staff who will provide mediation services or prepare clients for mediated negotiations.
OBJECTIVE:
Provide a step-by-step guide for 1) getting mediation started and 2) preparing clients for productive negotiations to settle lawsuits, claims, and disputes through mediation and med/arb.
FORMAT:
Workshop which guides participants through discussion of model mediation forms, worksheets, graphics, agendas, and other mediation and med/arb business forms. Full set of model forms provided, including voluntary submissions, stipulations, and confidentiality agreements.
Copyright 1995 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
TOPICS COVERED:
- How to Set Up the Dispute Resolution Meeting
- What to Do Before You Meet
- Procedural Agreements and Ground Rules
- Successful Strategies for Achieving Voluntary Settlements
- Specific Techniques the Pros Use
- What to Look Out For
DESIGNED FOR:
Business owners and managers , attorneys, mediators, project managers, institutional and organizational staff, and anyone who deals with conflict as a negotiator or dispute resolver or who will be entering a situation where disputes can be expected.
OBJECTIVE:
Provide the skills needed to settle disputes and lawsuits voluntarily, in ways most likely to minimize expense and risk, and maintain business relationships.
FORMAT:
Workshop - including lecture, discussion, and practice exercises. Extensive written materials include model initiating letters, pre-meeting worksheet, model agenda, and model language tools.
Copyright 1995 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
TOPICS COVERED:
- Current Ethical and Public Policy Issues in Writing ADR Laws and Systems
- Balancing the Conflicting Rights and Pressures
- How to Use the Internet to Get Immediate Current Information
- How You Can Affect Legislation and Public Policy on ADR (if desired)
DESIGNED FOR:
Attorneys, mediators, arbitrators, public policy analysts, public officials and staff, program directors, designers of in-house dispute resolution systems, and anyone who would benefit from a better understanding of how to design ADR laws and systems, or effective ways to shape public policy on ADR.
OBJECTIVE:
Provide detailed framework for analysis and decision-making in writing new ADR laws, court rules, administrative procedures and in-house systems. Provide skills needed to gain immediate access to current legislative information using the Internet. If desired, provide skills for effectively influencing public policy.
FORMAT:
Workshop - including lecture and discussion. Written material includes framework for analysis of proposed ADR legislation and/or rules, samples of various documents typical of the formation of new ADR laws and rules, and step-by-step guide to affecting public policy.
Copyright 1995 Ron Kelly. For more information about this training, please call Ron Kelly at 510-843-6074 or email: ronkelly@igc.org
Copyright 1997 Ron Kelly. All rights reserved. Original content and all HTML encoding at this site are registered with the U.S. Register of Copyrights. Unauthorized commercial use is a federal crime. You may use the contents for your own personal noncommercial use. For permission to copy in any form, or to display or use for any commercial purpose, please contact Ron Kelly at 510-843-6074.