Mediation: Back to the Basics Part One


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Mediation 101: Back to the Basics is exactly that. The program has been designed in conjunction with and to complement the 40-hour Civil and Family Court Mediation Training programs and is directed to both attorneys and experienced mediators. The program is presented in 2 segments on different days to make it easy for you to attend both, or choose the segment that most applies to your practice and schedule. Both programs are led by Bruce Poore, Tiffany Provence, and Joy Bennett - all of whom are experienced mediators and mediation trainers. They will provide you with the kind of practical instruction that will enable you to be more effective as mediators or attorney counselors in the mediation process.
 
Part 1 will provide you with a clear understanding of the basics of mediation. This is not a substitute for the 40-hour training program, but it is a great introduction to mediation for attorneys and a stimulating refresher for mediators.
 
Seminar Agenda and Description
Welcome 
  1. Definitions - ADR Rule 2 

    b. Is it supposed to be a different process, or does it just have a different name? 

What makes mediation different (not better, just different) from the other forms of Alternative Dispute Resolution? 
  1. How is conflict controlled in each? 
  1. Is settlement imposed or constructed? 
  1. Who is the most important person at the mediation conference? 
  1. Do the parties interact with each other? 
  1. Is there a burden of proof? 
  1. Are the parties limited to a legal solution to their conflict? 
  1. Do the parties have an opportunity to do more than merely resolve the concrete issues presented by their case? 
  1. Can the parties say No?
 
Mediation presents the novel idea that adults should be given the opportunity to figure things out for themselves.
 
Rule 1 for Mediators:
 
  1. Standards of Conduct for Mediators Rule 1. Self Determination. A mediator shall recognize that mediation is based on the principle of self-determination by the parties.
  1. It is Rule 1 for a reason. 
  1. The parties bring the solution with them when they walk into the mediation conference. Provide an environment that allows them to find it. Your solution may not be their solution. 
Mediator Job Description: 
  1. Mediator Defined. ADR Rule 2(b). 
  1. Authority and Duties of Mediator. ADR Rule 7. 
  1. Agreement in Circuit Court. ADR Rule 6(f). 
  1. Agreement in Family Court.  ADR Rule 6 (g). 
  1. Disclosure by uncertified neutral and written consent from all parties. ADR Rule 4(a)(2) and SCCA108F Consent to Selection of Uncertified Neutral. 
  1. Quality of the Process. SCM VI and Comments. 
What are the characteristics of a good mediator 
  1. Demeanor / Presence 
  1. Impartial / Self Control 
  1. Attentive / Adaptive 
  1. Patience / Perseverance 
The Story of the Orange. How is this useful to both attorneys and mediators? 
  1. The Myth of Impasse. 
  1. What is impasse? 
  1. Is one party looking for the perfect solution? 
  1. Are you dealing with decision fatigue? 
  1. Have all the realistic options been brought to the table? 
  1. Nothing is free. There is a cost to going to trial, and there is a cost to not going to trial. 
  1. What does impasse have in common with the Boogie Man? 
Questions and Answer Session
 
Mandatory MCLE Credit Hours
This seminar qualifies for 2.61 MCLE credit hours. 

  Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in
 2025, please use this course code: 250775ADO.

































 this in 2020, please use this course code: 900266ADO.

Tags

Alternative Dispute Resolution
Estate Planning/Administration
Family
Workers' Compensation Law
Probate
Big Ticket

The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.

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