ADR SERVICES OFFERED:

TRAINING SERVICES 

Training Program Title: Comprehensive Mediation Training Program

Objective: The objective of this training program is to equip participants, including students and practitioners, with an in-depth understanding of mediation processes, including concepts, benefits, stages, styles, ethical standards, and enforcement of mediated settlement agreements. The program aims to comply with the requirements outlined in Sections 26 to 28 of the OADR MC No. 2023-02.

Duration: The training program should be conducted within a maximum of 10 consecutive working days, with a total duration of at least 40 hours. This includes a minimum of 24 hours dedicated to lectures and coursework, and a minimum of 16 hours focused on skills training, simulations, and practical exercises.

TRAINING MODULES:

Module 1: Introduction to Mediation

• Definition and overview of Alternative Dispute Resolution (ADR) methods, focusing on mediation.

• Importance of mediation in resolving disputes efficiently, cost-effectively, and preserving relationships.

• Comparative analysis between mediation, litigation, and other ADR processes to understand the advantages of mediation.

Module 2: Mediation Concepts

• Fundamental principles of mediation, such as voluntary participation, confidentiality, impartiality, and neutrality.

• Exploration of mediator roles, responsibilities, and ethical considerations.

• Understanding the mediator's role in facilitating communication, fostering understanding, and generating mutually acceptable solutions.

Module 3: Benefits/Advantages and Limitations of Mediation

• Comprehensive examination of the benefits of mediation, including its flexibility, control over outcomes, preservation of relationships, and cost-effectiveness.

• Discussion on the limitations and challenges in mediation, such as enforceability issues and power imbalances.

• Strategies to maximize the benefits and address limitations in mediation processes.

Module 4: Distinction Between Mediation and Other ADR Processes

• Comparative analysis between mediation and other ADR methods (e.g., arbitration, negotiation, conciliation) in terms of procedure, decision-making authority, finality of outcomes, and enforceability.

• Understanding when to recommend mediation and when other ADR processes may be more suitable based on the nature of the dispute and parties involved.

Module 5: Detailed Description/Discussion of the Stages of Mediation

• In-depth exploration of the stages of mediation: preparation, opening statements, joint discussion, private caucuses, joint negotiation, and closure.

• Practical strategies for effective communication, active listening, reframing, and problem-solving at each stage of the mediation process.

• Role-play exercises and simulations to apply mediation techniques and navigate different stages of mediation.

Module 6: Different Mediation Styles

• Examination of various mediation styles (e.g., facilitative, evaluative, transformative) and their applications in different contexts.

• Techniques for mediators to adapt their style based on the needs, preferences, and dynamics of the parties and the nature of the dispute.

• Role-playing scenarios and case studies to practice different mediation styles and approaches.

Module 7: Role of Parties, Counsel, and Neutrals in Mediation

• • Understanding the roles and responsibilities of parties, legal counsels, and neutral third parties (mediators) in the mediation process.

  • Guidelines for effective communication, cooperation, and collaboration among stakeholders to achieve mutually acceptable agreements.

  • Ethical considerations and professional standards for parties, counsels, and neutrals in mediation.

Module 8: Ethical Standards in Mediation

• • Overview of ethical principles and standards governing mediation processes, including confidentiality, impartiality, neutrality, fairness, and informed consent.

  • Adherence to ethical guidelines and codes of conduct for mediators and ADR providers, emphasizing integrity, transparency, and respect for parties' autonomy.

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Module 9: Enforcement of Mediated Settlement Agreements

• Examination of procedures and mechanisms for enforcing and implementing mediated settlement agreements.

• Legal considerations, challenges, and safeguards related to the enforcement of mediated outcomes, both domestically and internationally.

• Recourse against awards and strategies for addressing non-compliance or breach of mediated agreements.

Module 10: Subject-Matter Content

• • Application of mediation theory and concepts to types of disputes commonly encountered in various fields (e.g., family, commercial, workplace, community).

  • Analysis of specific case studies, scenarios, and examples to illustrate how mediation can be applied effectively to different dispute types.

  • Practical exercises, role plays, and simulations focusing on subject-matter content to enhance participants' understanding and application of mediation concepts.

Module 11: Practical Exercises, Role Plays, and Simulations

• Hands-on practical exercises, role plays, simulations, and skills-based training to reinforce mediation concepts, techniques, and best practices.

• Interactive sessions where participants can apply mediation skills in realistic scenarios, engage in role plays as mediators or parties, and practice problem-solving and negotiation techniques.

• Feedback, debriefing, and reflective discussions to enhance learning outcomes, critical thinking, and decision-making skills in mediation contexts.

Training Methodology:

• • Interactive lectures, presentations, and discussions led by experienced mediators, legal experts, and certified trainers.

  • Case studies, role-playing exercises, simulations, and mock mediations to apply mediation concepts and techniques.

  • Practical demonstrations and real-life examples to illustrate mediation processes and practices, promoting active learning and engagement.

  • Use of technology and online platforms for virtual simulations, role plays, and collaborative learning experiences.

Assessment and Certification:

• Continuous assessment of participants' understanding, participation, and performance through quizzes, assignments, role-plays, simulations, and practical evaluations.

• Certification of completion for participants who successfully meet the training objectives, demonstrate competency in mediation principles and practices, and fulfill all requirements.

Training Materials:

• Comprehensive training manuals, handouts, and resources covering key topics, concepts, and materials discussed during the program.

• Access to online platforms, databases, and additional reading materials for further learning, research, and reference on mediation principles, cases, best practices, and subject-matter content.

• Supplementary materials, including mediation rules, sample agreements, templates, and guides for practical application in mediation practice.

Facilitators and Resource Persons:

• Experienced mediators, legal experts, and certified trainers with expertise in mediation processes, ethics, enforcement mechanisms, practical applications, and subject-matter content.

• Guest speakers and panel discussions featuring industry professionals, regulators, and stakeholders to provide diverse perspectives, insights, and real-world examples of mediation practices and trends.

• Mentoring and coaching sessions for participants to receive personalized feedback, guidance, and support in developing their mediation skills and professional competencies.

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Training Program Title: Comprehensive Basic Arbitration Training Program

Objective: The objective of this training program is to equip participants with a thorough understanding of arbitration concepts, processes, benefits, limitations, ethical standards, enforcement of awards, and subject-matter content applied to common dispute types. The program also includes practical exercises, role plays, simulations, and skills-based training to enhance participants' arbitration competencies.

Duration: The training program should be conducted within a maximum of 10 consecutive working days, with a total duration of at least 40 hours. This includes a minimum of 24 hours dedicated to lectures and coursework, and a minimum of 16 hours focused on skills training, simulations, and practical exercises.

TRAINING MODULES:

Module 1: Arbitration Concepts

• Definition and overview of arbitration as a dispute resolution method.

• Key principles, goals, and characteristics of arbitration processes.

• Types of arbitration (e.g., ad-hoc vs. institutional arbitration, domestic vs. international arbitration).

Module 2: Benefits/Advantages and Limitations of Arbitration

• Advantages and benefits of arbitration, such as flexibility, party autonomy, confidentiality, and expertise of arbitrators.

• Limitations and challenges associated with arbitration, including enforcement issues and potential biases.

Module 3: Distinction Between Arbitration and Litigation; Arbitration and Other ADR Processes

• • Comparison of arbitration with litigation, highlighting differences in procedure, cost, speed, and finality of decisions.

  • Distinction between arbitration and other ADR processes (e.g., mediation, negotiation, conciliation), focusing on their respective strengths and suitability for different disputes.

Module 4: Detailed Description/Discussion of the Stages of Arbitration

• Overview and analysis of the stages of arbitration, including preliminary conference, submission of evidence, hearings, deliberations, and issuance of awards.

• Discussion of applicable arbitration laws and issuances, such as the Arbitration Act, ADR Act and its IRFI, UNCITRAL Model Law, and Special ADR Rules of Court.

Module 5: Special Issues and Problems in Arbitration

• Examination of special issues and challenges in arbitration, such as challenges to arbitrators, interim relief, court supervision and assistance, and handling complex disputes.

• Strategies for effectively managing and resolving challenges encountered during arbitration proceedings.

Module 6: Ethical Standards in Arbitration

• Overview of ethical principles and standards governing arbitration processes, including impartiality, independence, confidentiality, and disclosure of conflicts of interest.

• Adherence to ethical guidelines and codes of conduct for arbitrators, parties, and ADR providers.

Module 7: Enforcement of and Recourse Against Awards in Domestic and International Commercial Arbitration

• Procedures and mechanisms for enforcing arbitration awards in domestic and international contexts.

• Recourse options and challenges against arbitration awards, including grounds for annulment, setting aside, or challenging awards.

Module 8: Subject-Matter Content in Arbitration

• Application of arbitration theory and concepts to common types of disputes encountered in various fields, such as commercial contracts, construction disputes, labor and employment issues, and international trade conflicts.

• Analysis of specific case studies, scenarios, and examples to illustrate how arbitration processes can be tailored to address unique aspects and complexities of different dispute types.

Module 9: Practical Exercises, Role Plays, and Simulations

• Hands-on practical exercises, role plays, simulations, and skills-based training to reinforce arbitration concepts, techniques, and best practices.

• Interactive sessions where participants can engage in mock arbitration hearings, drafting awards, conducting evidence submissions, and handling procedural matters under the guidance of experienced facilitators.

• Feedback, debriefing, and reflective discussions to enhance learning outcomes, problem-solving abilities, and decision-making skills in arbitration contexts.

Training Methodology:

• Interactive lectures, presentations, and discussions led by subject matter experts, including experienced arbitrators, legal experts, and certified trainers.

• Case studies, role-playing exercises, and simulations to apply arbitration concepts and techniques, allowing participants to practice skills and problem-solving in realistic scenarios.

• Practical demonstrations and real-life examples to illustrate arbitration processes and practices, promoting active learning and engagement.

• Subject-matter content tailored to common types of disputes encountered in various fields, with practical applications and case studies for deeper understanding.

Assessment and Certification:

• Evaluation of participants' understanding, participation, and performance in training activities, including quizzes, assignments, role-plays, and simulations.

• Certification of completion for participants who successfully meet the training objectives, demonstrate competency in arbitration principles and practices and fulfill all requirements.

Training Materials:

• • Comprehensive training manuals, handouts, and resources covering key topics, concepts, and materials discussed during the program.

  • Access to online platforms, databases, and additional reading materials for further learning, research, and reference on arbitration principles, cases, best practices, and subject-matter content.

•  

Facilitators and Resource Persons:

• • Experienced arbitrators, legal experts, and certified trainers with expertise in arbitration processes, ethics, enforcement mechanisms, practical applications, and subject-matter content.

  • Guest speakers and panel discussions featuring industry professionals, regulators, and stakeholders to provide diverse perspectives, insights, and real-world examples of arbitration practices and trends.

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Training Program Title: Comprehensive Basic ADR Training Program

Objective: The objective of this training program is to provide participants with an in-depth understanding of Alternative Dispute Resolution (ADR) processes, including concepts, benefits, process stages, ethical standards, and enforcement of settlement agreements following OADR MC No. 2023-02.

Duration: The training program should be conducted within a maximum of 10 consecutive working days, with a total duration of at least 40 hours. This includes a minimum of 24 hours dedicated to lectures and coursework, and a minimum of 16 hours focused on skills training, simulations, and practical exercises.

TRAINING MODULES:

Module 1: Introduction to ADR

• Definition and overview of Alternative Dispute Resolution (ADR) methods, including mediation, arbitration, negotiation, conciliation, and hybrid approaches.

• Importance and advantages of utilizing ADR processes in resolving disputes, including cost-effectiveness, flexibility, confidentiality, and faster resolution compared to traditional litigation.

• Comparison of ADR with traditional litigation, highlighting the benefits of ADR in reducing costs, preserving relationships, and promoting creative solutions.

Module 2: Concepts of ADR Processes

• Explain and explore specific ADR processes (e.g., mediation, arbitration, negotiation) in detail.

• Key principles, goals, and characteristics of each ADR process, emphasizing their suitability for different types of disputes and parties.

• Selection criteria for choosing the appropriate ADR method based on the nature, complexity, and urgency of the dispute, as well as the preferences of the parties involved.

Module 3: Benefits, Advantages, and Limitations of ADR

• Advantages and benefits of ADR processes, including cost-effectiveness, efficiency, confidentiality, preservation of relationships, and empowerment of parties in decision-making.

• Limitations and challenges associated with ADR, such as enforceability of agreements, potential biases, and the need for voluntary participation and cooperation.

Module 4: Distinction Between Different ADR Processes

• Comparison and contrast of various ADR methods (e.g., mediation vs. arbitration, facilitation vs. conciliation), including their procedural differences, decision-making authority, finality of outcomes, and enforceability of awards or settlements.

• Understanding the unique features, procedures, and outcomes of each ADR process to make informed choices and recommendations.

Module 5: Detailed Process Stages in ADR

• A comprehensive breakdown of the sequential stages involved in ADR processes from initiation to resolution, including pre-mediation/pre-arbitration procedures, opening statements, information gathering, negotiation, drafting agreements, and post-resolution follow-ups.

• Detailed discussion and analysis of key activities, procedures, and interactions at each stage of the ADR process, with practical examples and case studies.

Module 6: Different Process Styles and Practices

• • Exploration of different styles and practices within ADR processes (e.g., facilitative, evaluative, transformative), including their applications, benefits, and limitations.

  • Best practices, strategies, and techniques for conducting ADR effectively and professionally, such as active listening, reframing, problem-solving, and maintaining neutrality and impartiality.

Module 7: Role of Parties, Counsels, and Neutrals

• Roles and responsibilities of parties involved in ADR, including disputing parties, legal counsels, and neutral third parties (e.g., mediators, arbitrators, conciliators).

• Guidelines for effective communication, cooperation, and collaboration among stakeholders, emphasizing the importance of transparency, respect, and confidentiality.

Module 8: Ethical Standards in ADR

• Overview of ethical principles and standards governing ADR processes, including confidentiality, impartiality, neutrality, fairness, and informed consent.

• Adherence to ethical guidelines and codes of conduct for ADR practitioners and providers, with case examples and scenarios for ethical decision-making.

Module 9: Enforcement of Settlement Agreements

• Procedures and mechanisms for enforcing and implementing settlement agreements reached through ADR processes, including legal considerations, enforcement options, and challenges.

• Strategies for drafting enforceable agreements, ensuring compliance, and resolving disputes arising from non-compliance or breach of agreements.

Module 10: Subject-Matter Content in ADR

• • Application of ADR theory and concepts to types of disputes commonly encountered in various fields, such as commercial disputes, family disputes, labor disputes, real estate disputes, and community disputes.

  • Analysis of specific case studies, scenarios, and examples to illustrate how ADR processes can be tailored to address unique aspects and complexities of different dispute types.

Module 11: Practical Exercises, Role Plays, and Simulations

• Hands-on practical exercises, role plays, simulations, and skills-based training to reinforce ADR concepts, techniques, and best practices.

• Interactive sessions where participants can apply ADR skills in realistic scenarios, engage in negotiations, mediations, arbitrations, and other ADR simulations under the guidance of experienced facilitators.

• Feedback, debriefing, and reflective discussions to enhance learning outcomes, problem-solving abilities, and decision-making skills in ADR contexts.

Training Methodology:

• Interactive lectures, presentations, and discussions led by subject matter experts, including experienced ADR practitioners, legal experts, and certified trainers.

• Case studies, role-playing exercises, and simulations to apply ADR concepts and techniques, allowing participants to practice skills and problem-solving in realistic scenarios.

• Practical demonstrations and real-life examples to illustrate ADR processes and practices, promoting active learning and engagement.

• Subject-matter content tailored to common types of disputes encountered in various fields, with practical applications and case studies for deeper understanding.

Assessment and Certification:

• Evaluation of participants' understanding, participation, and performance in training activities, including quizzes, assignments, and role-plays.

• Certification of completion for participants who successfully meet the training objectives, demonstrate competency in ADR principles and practices and fulfill all requirements.

Training Materials:

• Comprehensive training manuals, handouts, and resources covering key topics, concepts, and materials discussed during the program.

• Access to online platforms, databases, and additional reading materials for further learning, research, and reference on ADR principles, cases, and best practices.

Facilitators and Resource Persons:

• Experienced ADR practitioners, legal experts, and certified trainers with expertise in ADR processes, ethics, enforcement mechanisms, and practical applications.

• Guest speakers and panel discussions featuring industry professionals, regulators, and stakeholders to provide diverse perspectives and insights on ADR practices and trends.