Mediation Academy (I)

 

Exploring the Basics:
Concepts, Methods, and Techniques

 

30 October – 4 November 2023, Faculty of Law, Thammasat University

 

hosted by

 

the German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG)

in cooperation with

the Faculty of Law, Thammasat University, the Asian Governance Foundation (AGF), and the Hanns Seidel Foundation

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Introduction

Especially in recent years, mediation has emerged as a beacon of efficient and collaborative conflict resolution in contrast to the complexities of traditional litigation and other forms of alternative dispute resolution, particularly arbitration.

At its core, mediation is about bringing conflicting parties together in a neutral space where they work together, guided by a skilled mediator, to forge solutions that address their unique needs and concerns. Thus, unlike traditional litigation or arbitration, mediation empowers parties to choose an outcome that is oriented as much to the future of their relationship as to their past conduct, resulting in greater satisfaction, reduced emotional toll, and preserved – and at times even enhanced – relationships.

Mediation shines in its time-efficiency and cost-effectiveness, fostering quicker resolutions while sidestepping the prolonged legal processes associated with litigation, and even arbitration. At the same time, confidentiality is at the heart of a mediation session and is critical to a successful resolution. The parties must be assured that they can share sensitive information at the session, where it is necessary to see that their true needs and interests may be met, without fear of subsequent disclosure to their detriment.

Moreover, its versatile nature makes mediation a valuable tool across various domains. From divorce settlements to workplace disputes, from neighborhood dialogues to cross border commercial conflicts, mediation’s ability to offer tailored solutions to a wide range of conflicts is a testament to its wide-ranging applicability.

 

The academy’s key features at a glance

Purpose and target group

This academy is designed to provide participants with a comprehensive introduction to mediation, its main concepts, methodologies, and techniques, as well as how to apply them in a real-world environment.

This academy is perfect for students, recent graduates and young professionals who have little to no experience in mediation but are interested in enhancing their professional toolkit for navigating disputes. It is particularly beneficial for current or future professionals in law, human resources, counseling, and other areas where conflict resolution skills are valued.

Format, duration and venue

Aligned with CPG’s commitment to delivering high-quality learning experiences, the academy’s curriculum matches the quality of courses offered by mediation institutions across Asia and is taught by experts in the field.

The academy unfolds over six consecutive teaching days scheduled from October 30 to November 4, 2023. Throughout each instructional day, you can expect around six hours of engaging classes.

The academy will take place at Thammasat University’s Tha Prachan Campus. This campus is nestled in the heart of old Bangkok, surrounded by significant sites that hold immense importance in Thai constitutional and cultural history.

At the academy, you will be given the chance to study alongside participants from diverse backgrounds and cultures. You will gain a variety of insights and opinions and have the opportunity to form friendships and networks that extend across the region and further afield.

Costs

A hallmark feature shared by all CPG academies is the inclusion of scholarships for all selected participants. Especially in the context of mediation, this approach distinguishes us from the prevailing practices in the region, where numerous high-quality courses often entail significant financial commitments.

Certification

Participants have the flexibility to select their preferred approach for the examination, leading to the issuance of either a Certificate of Achievement or a Certificate of Attendance upon successful completion of the academy. Both certificates will include your name, the dates of the academy, and the modules covered in the teaching schedule.

 

Course aim

Mediation skills are in high demand in fields such as law, human resources, management, and counseling. In light of this, at the heart of the academy’s curriculum lies a commitment to equipping participants with knowledge and skills for professional and personal advancement.

Upon successfully completing the academy, participants will have:

• Gained a clear understanding of the fundamental principles, objectives, and advantages of mediation as an alternative dispute resolution method;
• Understood the role of a neutral mediator and how to maintain impartiality while guiding parties through negotiations;
• Acquired a step-by-step comprehension of the mediation process, from preparation and opening statements to problem-solving and closure;
• Learned essential communication techniques for fostering open dialogue, active listening, and empathetic interaction during mediation sessions;
• Developed skills to identify, analyze, and manage conflicts while guiding parties toward collaborative solutions;
• Learned various strategies for creative problem-solving and generating win-win outcomes through mutual agreement;
• Explored the ethical responsibilities and professional conduct expected of a mediator to ensure fairness and integrity throughout the process; and
• Engaged in role-play simulations to practice real-world mediation scenarios, honing mediation skills in a controlled learning environment.

 

Course structure

Prior to the in-person phase, participants will engage in a virtual kickoff session (date to be confirmed). This session will set the tone for the course and introduce participants to the teaching schedule, instructors, and their fellow attendees.

On-site classes are held mornings and afternoons Monday October 30 through Friday November 3. Each day will feature dedicated teaching and simulation sessions, totaling approximately six hours of teaching per day.

The in-person phase of the academy also includes two dinners, creating opportunities for informal networking.

Saturday November 4 is reserved for the final exam simulation followed by a closing ceremony and certificate distribution.

 

Methodology and group size

The methodology of the Mediation Academy combines lectures and presentations, small group discussions, role rotations, and mediation simulations. Furthermore, to guarantee the highest quality of learning, a maximum of 20 students will be accepted.

 

Assessment and Certification

Assessment is not a compulsory part of your time at the academy. During the final mediation simulation, participants can choose to engage as either a mediator or an observer. Upon successful completion of the simulation, mediators receive a Certificate of Achievement, while observers will receive a Certificate of Attendance. Further information about the final simulation exercise will be provided during the academy.

Additionally, to be eligible for a certificate, participants must have attended at least 80 percent of the modules to the satisfaction of the course tutors.

 

Fees, scholarship & deposit

For the entire program, the organizers provide every selected participant with a scholarship, making attendance of the academy effectively free of charge. This scholarship encompasses all teaching sessions, morning and afternoon refreshments, lunches, and two dinners hosted by the organizers. However, participants are individually responsible for covering any additional costs not explicitly covered by the scholarship, such as transportation and accommodation expenses.

In order to prevent the inappropriate use of this opportunity and to ensure that only committed individuals are admitted, a refundable deposit of USD 150.00 is mandatory. Participants are required to submit the deposit on the first day of the academy, prior to the commencement of the first session. The deposit will be securely held throughout the duration of the course and will be returned promptly to participants who successfully complete the academy.

 

Venue & Accommodation

The academy will be hosted at Thammasat University’s Faculty of Law, situated within the university’s historic Tha Prachan Campus. This campus is nestled in the heart of old Bangkok, surrounded by significant sites that hold immense importance in Thai constitutional and cultural history.

In close proximity, you’ll find notable landmarks such as the National Museum, the National Theater, the National Gallery, and the Siam Museum. Additionally, renowned attractions like the Grand Palace, the Temple of the Reclining Buddha, and the Temple of the Dawn are within reach. The famous Khao San Road, a bustling hub for travelers in Southeast Asia, is brimming with lively bars, restaurants, and budget-friendly hostels. Moreover, the Chao Praya River provides an enchanting backdrop for evening cruises. The Sanam Chai underground station conveniently connects this area to downtown Bangkok, allowing for easy access within just 10 minutes.

For participants who are not local to Bangkok, CPG offers assistance and information to help identify accommodations such as nearby bed and breakfasts (B&Bs), guesthouses, and hotels. However, the booking and arrangement of accommodation remain the sole responsibility of the participants.

 

How to apply

We invite and accept applications from committed students, scholars and professionals from all around the world with the necessary proficiency in English and a sincere desire to actively engage with the complete program.

To initiate the application process, kindly complete the online registration form (available for download at cpg-online.de) and submit the following documents:

• A current curriculum vitae (CV)/resumé;
• A portrait photo (jpeg); and
• A concise statement of around 250 words, outlining your motivations for attending the program.

Applications are currently open and must be submitted by October 01, 2023. The review process occurs on a rolling basis, with successful candidates being notified within five working days following application submission.

 

Course outline

Introduction to Mediation (I)

In the first part of this foundational module, participants will learn the definition and key characteristics of mediation that set it apart from other (alternative) dispute resolution methods such as arbitration and litigation.

Furthermore, participants will gain a comprehensive understanding of the core principles that govern the mediation process: multipartiality and neutrality; its voluntary nature; party self-determination; confidentiality; and openness and fairness. The module will also touch on ethical issues that frequently occur in mediation.

Introduction to Mediation (II)

In the second part of this foundational module, participants will be introduced to the role, responsibilities, duties and qualities of a mediator. The session will also provide a comprehensive overview of the diverse types of mediation and the array of mediation approaches employed in various contexts. The final segment of the module will serve as a preview of the mediation process itself.

Mediation Process and Strategies (I, II, III)

This module, spanning a full teaching day, offers participants a comprehensive and practical understanding of the mediation process, from the initial pre-mediation phase to the final settlement agreement.

During the first session, participants will be guided through the process of conducting pre-mediation interviews to ensure voluntary participation and assess the suitability of mediation for specific disputes. Additionally, participants will acquire techniques for setting expectations and goals, alleviating parties’ concerns, and establishing a conducive atmosphere for the mediation process.

In the second session, participants will gain an in-depth understanding of the mediation process, with a focus on effective communication. They will explore the significance of active listening, empathy, and maintaining a neutral stance as a mediator.

The final session centers around the core aspects of mediation – identifying interests and facilitating negotiations. Participants will develop the ability to uncover parties’ underlying needs and interests, enabling a deeper understanding of the issues at hand. Facilitators will guide participants through techniques for generating creative options and overcoming impasses in negotiations. Role-play exercises will provide hands-on experience in handling challenging mediation scenarios and putting their negotiation skills to the test.

Understanding Conflict and Resistance

This module is designed to equip participants with a comprehensive understanding of conflict, exploring its various forms, causes, and consequences. They will gain insights into the psychological and emotional aspects of conflict. Moreover, this session will address resistance in conflict resolution processes and provide strategies to effectively manage and mitigate it.

Understanding Negotiations (I, II)

During this session, participants will focus on the fundamentals of negotiation. They will explore negotiation theories, different approaches, and the importance of principled negotiation. Participants will learn about BATNA (Best Alternative to a Negotiated Agreement) and how to identify it in negotiation scenarios.

Building upon the first session, the second session will delve deeper into negotiation techniques and tactics. Participants will learn how to effectively communicate during negotiations, manage emotions, and identify and address the interests of parties involved.

Practical Application of Mediation in International Business Disputes

In this comprehensive module, participants will gain an in-depth understanding of the United Nations Convention on International Settlement Agreements Resulting from Mediation – the so-called Singapore Convention on Mediation – and its implications for resolving commercial cross-border disputes. The session will provide a dual focus, combining an introduction to the Singapore Convention with an exploration of the critical role mediation plays in the field of cross-border commerce.

Practical Application of Mediation in Political Conflicts

In this module, participants will explore the application of mediation to prevent, address and resolve conflict in intra- and inter-state conflict settings. The session is structured to provide an in-depth understanding of various critical themes, including the pivotal roles and contributions of states, multilateral organizations, and non-state actors in the realm of peace mediation. Participants will also explore conflict analysis techniques and mediation entry points, gaining insight into identifying and addressing the root causes of conflicts.

Mediation Skills Development: Techniques and Styles (I, II, III)

This module, spanning a full teaching day, is designed to equip participants with the fundamental techniques and strategies employed in successful mediation processes such as active listening, reframing and questioning techniques. Through engaging discussions and role-playing exercises, participants will develop a comprehensive toolkit of mediation skills to facilitate constructive dialogue, foster collaboration, and navigate impasses effectively.

Final Mediation Simulation & Assessment

In this segment, participants will face a simulation that replicates authentic mediation scenarios. Drawing upon the knowledge and techniques they have learned, participants will guide parties through a simulated mediation process. For additional information on the final mediation simulation, kindly refer to the “Assessment and Certificates” section provided further above.

 

Behind the academy

The academy is organized by the Mediation Center (CMC) of the German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG) in cooperation with the Asian Governance Foundation (AGF), and supported by the Hanns-Seidel Foundation Thailand and the Faculty of Law of Thammasat University.

German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG)

CPG is an academic institute and think tank centrally located at the Faculty of Law of Thammasat University in Bangkok. Built upon a cooperation between the German universities of Frankfurt and Münster, and Thammasat University in Thailand, it is one of only five Centers of Excellence that were established worldwide in 2009 under the Excellence Initiative of the German Federal Government. CPG is funded by the German Ministry of Foreign Affairs (Federal Foreign Office) and receives administrative support from the German Academic Exchange Service (DAAD).

Since its inception, CPG has been organizing high-quality academies, schools, and training programs covering a wide range of subjects for the purpose of education and further development.

CPG Mediation Center (CMC)

Established in 2022, the CPG Mediation Center (CMC) provides mediation services to interested stakeholders. Additionally, aligned with CPG’s commitment to bolstering the rule of law, the CMC organizes trainings and academies, and formulates policy recommendations. Furthermore, the CMC fosters dialogue and awareness, serves as an information hub, and brings together diverse perspectives to facilitate productive discourse.

Asian Governance Foundation (AGF)

The Asian Governance Foundation (AGF) serves as the legal entity and sister organization to CPG, operating as a charitable foundation in accordance with Thai law.

Hanns-Seidel Foundation Thailand

The Hanns Seidel Foundation (HSF) is one of five German political foundations present in Bangkok. Aligned with the Christian Social Union, a political party exclusive to the federal state of Bavaria, the HSF actively contributes to political education within Germany and extends its efforts to development cooperation on the international stage. With a global reach, it oversees approximately 100 initiatives spread across 65 countries.