Commercial and Court-Referred Mediator Skills - CEDR AWARD WINNING

What does this course achieve?

This is a five-day course on commercial mediation which will also equip you to mediate in the court-referred context. This course combines an understanding of pertinent concepts in negotiation and mediation with opportunities for practice, coaching and assessment with one on one feedback. Past delegates report that they use the skills beyond commercial conflicts in educational, workplace, and many other settings. The mediation style that is taught is essentially a facilitative one. Successful candidates will be awarded accreditation as commercial mediators by Conflict Dynamics. The course is endorsed by the Centre for Effective Dispute Resolution in the United Kingdom, which recognises the course as a basis for mediator accreditation with CEDR. CEDR accreditation is subject, at a fee, to an independent assessment by CEDR. In 2012 CEDR awarded John Brand and Felicity Steadman the ADR Trainer Award for their work on this course.

For more information about the course CLICK HERE
For an application form CLICK HERE
For our list of accredited commercial mediators
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Course outline

  1. The course pre-work covers modern dispute resolution theory, the primary dispute resolution processes, the relationship between mediation and the South African civil justice system, and aspects of commercial mediation including considerations when deciding to mediate.
  2. The new court-referred mediation process and related professional responsibilities including reporting obligations are comprehensively addressed, along with basic civil procedure;
  3. Understanding the mediation process, its principles and methodology, including key skills for managing the process with confidence and working effectively through the different phases of the mediation process.
  4. Understanding the role and function of the mediator, including working effectively with the people in the mediation process, creating and maintaining a safe environment, respecting confidentiality, working impartially and neutrally, demonstrating an awareness of diversity and using a range of enhanced communication skills.
  5. Engaging actively with the typical content of commercial disputes, exploring this content, assisting parties generate options in a creative manner, negotiate effectively and make decisions, thereby maximizing the potential for settlement.
  6. A discussion about typical ethical challenges faced by mediators, and a review of South African as well an international ethical and professional codes of conduct for mediators.
  7. Extensive use of role-plays with opportunities for coaching and feedback, culminating in assessment.
  8. The post-course work involves drafting an agreement to mediate and a settlement agreement.

This course is accredited by the South African Board for People Practices (SABPP) and is aligned to unit standard 117848 Conduct Mediation in Situations that Require Advanced Skills (NQF occupational qualification level 5, 12 credits).

What participants say

"Excellent teaching. A very stimulating learning experience."
- Simon Attwell, Manager, Freeground Records, Oct 2017

"Very practical course, not only in terms of skills required for mediation but a lot of skills that I can immediately put into practice in other areas too."
- Claire Kolbe, Director, Recro Business Consulting, Oct 2017

"It was tough and very stimulating. I am keen to learn more."
- Stephanie Esterhuyse, Of Counsel, Bowmans, Oct 2017

"It was well worth the time and commitment. I have learnt and acquired some life changing skills that I cannot wait to put to good use. Very exciting!"
- Companies Tribunal Member, Oct 2017

"Highly recommended course of the highest standard."
- Dr Lente van der Merwe, Anesthesiologist, Oct 2017

"Experience mind shifting mediation training."
- Francois Roux, Business Owner, Triponza Trading, Oct 2017

"The course provided me with new skills in context with mediation as well as conflict resolution skills to be used personally. Excellent course, well presented and facilitated."
- Alan Cawdry, Regional Manager Western Cape Card Division, Nedbank, May 2017

"I feel like I have the tools to hone my skills and become an excellent mediator and negotiator. I am sold on the benefits of mediation and feel slightly evangelical about getting people to mediate. A brilliant, well delivered course."
- Anne Green, Attorney, May 2017

"Conflict Dynamics’s training has enabled me to confidently practice as a commercial mediator."
- Serai Herbst, Executive Director, May 2017

"A great opportunity to learn the powerful tools of negotiation through softer skill development."
- Danielle Ladopoulos, Forensic Accountant, Fides Financial Advisory, May 2017

"Wow! What a wonderful experience. I think my approach to disputes, even life as a whole, may change from here on."
- Clea Rawlins, Attorney, May 2017

"Superb! Informative, fun and highly recommended. I encourage the legal professional to attend the course and promote mediation in South Africa."
- Whitney Maclons, Attorney, Adriaans Attorneys, May 2017

"An absolute must, very practical and to the point."
- Dirk Scholtz, Managing Consultant, Pro-Act, Oct 2016

"Very practical learning with roleplays and coaching sessions. Got valuable, direct feedback. By the time I was finished, I felt equipped to be a mediator with the right skills and knowledge."
- Beki Ngwenya, Consulting Director, Beracah Consulting, Oct 2016

"A practical and comprehensive mediation course, expertly delivered with great care and attention to detail."
- Greg Schreiner, Environmental Scientist, CSIR, Oct 2016

"I really enjoyed this course and have learnt so much. I feel my eyes have been opened to the possibilities of mediation. I feel enlightened and invigorated by the learning and will share positive feedback about this course and the trainers with all who will listen."
- Karin Livni, Repro Manager, Highbury Safika Media, Oct 2016

"Comprehensive exposure and training in the Swiss Army” toolkit of mediation. Incisive, exploratory, versatile, effective."
- Roj Beigley, Managing Director, Spirigent (Pty) Ltd, Oct 2016

"This is the most user-friendly course I have ever attended."
- Rosecana Ankama, Lecturer, Kaduna Polytechnic, Oct 2016

"There is nothing that a man can learn that they cannot unlearn. "
- Thabang Kheswa, SAHRC course February 2016

"I have litigated for about 10 years. I got to a point where I convinced myself that litigation was the only way to resolve a dispute. Little did I know that all I was doing was simply standing in the way of real solutions to problems. I now know that litigation has little to do with conflict resolution and more to do with who wins and who loses."
- Delegate, SAHRC course February 2016

"It is in allowing different views to emerge and find expression, that we are likely to find lasting solutions."
- Pura Mgolombane , Manager: Diversity – Ethics & Social Justice - WITS, February 2016

"Intense, informative, excellent. I recommend it for all attorneys."
- Jones Antunes, Attorney – Fluxmans Attorneys, February 2016

"As fascinating as it is demanding, as it is essential."
- Gawie Malan, Director - Malan Scholes Inc, February 2016

"The Gold standard in commercial mediation in South Africa. Takes mediation to a different level. You learn from the best."
- Jacqui O’Brien, Owner – PAX Accredited Mediators, February 2016

"One of the most value aspects of the course is the role-plays because you are able to get hands-on experience and get exposure to the kinds of disputes that could go to mediation."
- Delegate, August 2015 course

"Trainers are great, and their shared experience is an added advantage."
- Delegate, August 2015 course

"The workbook was logically laid out, organised and user friendly!"
- South African Human Rights Commission Delegate, March 2015

"Trainers were superb, they should be sainted! Consummate professionals and true advocates of their discipline."
- South African Human Rights Commission Delegate, March 2105

"By far the most beneficial course I have attended to date!"
- South African Human Rights Commission Delegate, March 2015

"I think the practical exercises were best – they really give one a well-rounded view of possible issues that one may face in the real world."
- February 2015, Delegate

"All of the trainers were extremely approachable. It was useful to have individuals from various background to provide perspective and personal experiences in the field."
- February 2015, Delegate

"The trainers were all very professional, approachable and friendly. I have great respect for them and there is a lot to learn from them."
- February 2015, Delegate

"Beautifully thought through and compiled file is an asset and easy to refer to in future."
- Delegate, September 2014 course

"Thank you all for your wonderful facilitation, coaching and assessment work over the past week. It was a great programme and I learned a lot. Your dedication and commitment to the learning process is incredibly valuable."
- Mark Turpin, Delegate May 2014

"I just want to thank you once again for the way you guys opened my eyes to an entirely different way of approaching things. Although I've not conducted any mediations since I completed your course, I have found myself in the position that I've been requested to advise a few others who have been involved in conflicts of one kind or another. Inevitably this advice has come down to the simple principles of what you taught me. While acknowledging the merit and appropriateness of other processes in the resolution of disputes, everything having its time and place, I declare myself to be a huge fan of mediation and the benefits it can bring to those who adopt it with an open heart and open mind."
- Philip Hoole, Architect and accredited mediator

"Well done, John and Felicity! You are indeed the torch-bearers in the field of mediation and I trust that you will continue to illuminate the road for other legal professionals and the courts to embrace the process as value-adding to their practice."
- Colleague, commenting on the CEDR ADR Trainer's Award

"It was undoubtedly one of the most professional courses I have been on. You got down to business straight away! The files were amazing! The roles plays meticulously put together. I thoroughly enjoyed the participants and learned a huge amount from the experienced crowd as well as from the lawyers in the room. I felt utterly privileged to have you as my trainers, given your experience and commitment to the field. I appreciate why you won the award in London. It’s not just about the training output, but your combined Passion, Perspective and Perseverance (yes, the three P’s!)"
- Paul Kapelus, Delegate on November 2012 Commercial Mediator Skills training course

"Well done John and Felicity. I have personal experience and can see that the CEDR award is rightly deserved !! "
- Raj Daya, Deputy Chief State Law Adviser Rules Board for Courts of Law South Africa

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