Preparing for and Representing Parties in a Mediation - mediation advocacy

As a representative or party in mediation learn how to prepare for and participate in private and court-referred mediation. Effective representation in mediation requires a conscious departure from the styles of representation adopted in arbitration or in court. This will be invaluable to you if negotiations have been unsuccessful and you are thinking of using mediation as opposed to litigation or arbitration. This course can be conducted over a day or in a modularized format, to meet clients' needs.


  1. Understanding mediation
    1. The defining features of mediation
    2. The place of litigation and arbitration and the limits of negotiation
    3. Reasons to go to mediation, including benefits and advantages
    4. The typical mediation process - joint and private meetings
    5. The role of the mediator
    6. Related legislation and case law, the Magistrates' Court Mediation Rules and in particular
  2. The mediation process – what to expect
    1. Preparation
    2. Opening stage
    3. Exploration stage
    4. Bargaining stage and risk analysis
    5. Agreement stage
  3. Getting to mediation
    1. Persuading claimants and their representatives to use mediation
    2. Court-referred and privately
    3. Mediation clauses and agreements
    4. Defining the dispute
    5. Choosing and appointing a mediator
    6. Governing law
  4. Preparation for mediation
    1. Your strategy and plan
    2. Preparing yourself, your client and your team
    3. Documents
    4. Logistics
  5. Representing yourself or another party in mediation - at each stage
    1. Opening stage
    2. Exploration stage
    3. Bargaining stage and risk analysis
    4. Agreement stage

Watch this short video to understand more about the benefits of meditation for lawyers, lawyers being the most typical representatives in commercial mediation.

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What participants say

"Very interesting and thought provoking."
- Lindiwe Mngomezulu, Adjudicator for Ombudsman for Banking Service. January 2017

"No question was a bad question for Mr Brand. Very helpful course. One that I will be able to use day to day. Very interesting."
- Jaqueline Plantinga, Adjudicator for Ombudsman for Banking Service. January 2017

"Very informative and applicable to my day to day work."
- Johan Brouwer, Adjudicator for Ombudsman for Banking Service. January 2017

"Interesting, dynamic and definitely a game changer."
- Ombudsman for Banking Service, January 2017

"Yes. The workbook was very insightful. Will rely on it extensively.”"
- Anglo American, October 2013

"Chris is an excellent trainer, very engaging.”"
- Anglo American, October 2013

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