Programme objectives

On completion of this training programme participants will be able to:

• Apply basic conflict theory to analyse disputes;
• Identify disputes that are suitable for mediation;
• Find and apply the law regulating the mediation process in Ireland;
• Describe the different styles of and approached to mediation practice;
• Demonstrate the core competencies necessary for mediating a civil, commercial or workplace dispute;
• Use mediation skills and tools with fluidity and proficiency;
• Manage themselves in the role of the mediator and respond to the inherent challenges of mediation process; and
• Identify the next steps to take if considering establishing a mediation practice.

Programme structure and approach to learning

The goal of this diploma is to provide an appreciation of the theoretical foundations of the mediation process and to equip participants with the necessary skills to successfully mediate disputes in a number of different settings. The course and the intensive interactive workshops are designed for those wishing to practice as trained mediators and the diploma is accredited by the Mediators’ Institute of Ireland (MII), subject to successful completion of the assessment (see below).

The course design adopts a flipped learning approach whereby online lessons released in advance provide an in-depth review of the process of mediation and its increasing importance in the litigation landscape. We also examine the Mediation Act 2017 which entered into force in 2018 and its objective to promote mediation as a viable, effective and efficient alternative to court proceedings; thereby reducing legal costs, speeding up the resolution of disputes, and relieving the stress involved in court proceedings. This course is designed therefore not only equip participants with the skills to act as a mediator, but also to consider fully how the practice of mediation will be impacted by the new statutory framework. The Act focuses on a number of different aspects of mediation:

• It introduces an obligation on solicitors and barristers to advise parties to disputes to consider utilising mediation as a means of resolving them;
• It provides that a court may, on its own initiative, invite the parties to consider mediation;
• It provides for a system of dealing with unreasonable refusal to mediate;
• It provides for the suspension of limitation periods  to facilitate the mediation process;
• It addresses the confidentiality of the mediation process;
• It sets out how mediated settlement agreements can be made enforceable; and
• It permits the introduction of a code of practice for the conduct of mediation by qualified mediators.

Mediation role-plays form the primary focus of our participative and interactive onsite sessions, with contextual and theoretical knowledge issued online in advance of those sessions. The onsite dates are as follows:

The diploma will be assessed by means of a combination of continuous online assessment,  a final written assignment and a practical role play assessment facilitated by the Mediators Institute of Ireland. Participants must attend all onsite sessions and complete the 60-hour training programme and pass the role-play assessment to successfully attain the Diploma. The successful completion of which will entitle participants to apply for membership of the (MII). The additional charge of €250 payable to the MII for the role play assessment is included in your course fee. The date of the assessments will be confirmed nearer the time.

Who should attend?

• This course is suitable for solicitors, barristers and trainees interested in the mediation process.
• The course will also appeal to suitably qualified non-legal professionals whose work requires them to engage in alternative dispute resolution mechanisms, whether that is in the work-place setting, family matters, or commercial disputes.

We welcome applications for this course from suitably qualified non-members.  Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee of €200.

Faculty

The course is facilitated by experienced mediation practitioners with extensive knowledge and insight of how the mediation process interacts with more traditional forms of dispute resolution.

Core Faculty

• Bill Holohan SC