Education

At ADRFitz, Peacemaking = Education

For over a decade, a central tenet at ADRFitz has been that Education on the principles and opportunities of alternative dispute resolution leads to better and best practices for participants of disputes and better outcomes.

In furtherance of this goal, we post guidance and present lectures, classes and workshops on preparation for, participation in, advocacy, and training for neutrals in order to further advance in process competency.

It is inherent in facilitating worthwhile and effective engagement of disputing parties that the broad array of opportunities in process are brought to bear. And this necessarily involves with varying degrees of intensity, introducing participants to principles designed to assist them in effective engagement and useful outcomes.

What follows are outlines and slides utilized in prior presentations which provide an overview of services that are available. The materials are designed for participants in mediations primarily (but also selectively apply to arbitrations) to review and gain some understanding of the focus of process-based dispute resolution as practiced at ADRFitz.

Peacemaking Education Overview and Past Presentations

If you would like more information on any of these presentations or would like to inquire about hiring David Fitzsimons for your organization, please don’t hesitate to contact us.

Mediation Preparation

When properly conducted, Mediation provides solutions to disputes that go far beyond the limited win or lose options that litigation mandates. When conducted perfectly, the application of Mediation process allows parties themselves to develop and “own” the resolution of their dispute.

Topics covered:

• When is the best time to bring up mediation as an option, with my client, or with the other side?
  • The Rules of Professional Conduct
• What is Mediation?
  • Mediation is a
  • Mediation is private and non-binding.
  • Mediation can be court-mandated or voluntary.
  • The Pre-Mediation process is vital.
  • Checklists that address the pre-mediation conference call and process, and a suggested [optional] outline for a Pre-Mediation Statement.

Identifying and Addressing Stakeholder Interests in Mediated Disputes: Case Study

Topics Covered:

• How we got here.
• The brain and conflict.
• Engaging the Pre-Frontal Cortex.
• Bias, Implicit Bias, Reactive Devaluation.
• Stakeholders and their Concerns.
• The importance of being heard and listened to.

Mediating by “Numbers”

Topics Covered:

• Seeing red with Anger.
• Alternative Dispute Resolution and in particular, “Mediation.”
• Developing new processes and skills.
• Collaborative Practice.
• Different ADR Options.
• Model Standards of Conduct for Mediators.
• Informed Consent.

Succession [Next Steps] Planning for Lawyers

Topics Covered:

• Background to David Fitzsimon’s Succession Planning Journey.
• The opportunities for attorneys to plan for their next stage.
• Emergencies and Long-term planning.
• When to start.
• Consequences for no succession plan.
• Options for PA attorneys.

Delivering Winning Outcomes through Compatible Ethics Frameworks for Mediators and Attorneys

Topics Covered:

• Introduction and survey of participants.
• Review of pertinent ethics materials.
• Outline of specific mediation models.
• Party Self Determination- who drives the bus?
• Preparation for the mediation (pre-mediation process).