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ACADEMY
For the law School students
TM TM
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Foreword
Appropriate (Alternative) Dispute Resolution (ADR) is not taught in
all law schools. The present curriculum does not give the reverence
to ADR that it commands, keeping in mind the complexities of the
global law scenario of the 21st century.
Despite many changes around the world over the past two
decades, the academic branches of the legal profession have
continued to restrain the practice of law and the development of
legal theory particularly in the ADR field for some or other limiting
factors. One of the factors could be defined as ‘cultural’. ADR, by
some, is seen as a ‘soft’ option or not a real law subject or harried
academics may simply not want to cede space within a crowded
curriculum to another ‘newcomer’.
“
limited to a restricted world view through an adversarial paradigm
will be disadvantaged by their limited education as the justice
If training of ADR is not system continues to change and rapidly evolve.
mainstream in law schools
from the grass root level Having untrained lawyers may have a negative impact on ADR
uptake and use and lead to the establishment of ‘litigotiation’
the implications that law approaches that mimic adversarial methods.
students will face
THE FICM
TM
throughout their careers Given this reality, The FICM Academy is born. To collaborate with
law schools to deliver real world practical learning and insights on
ACADEMY
will be profound.
Integrated and Appropriate Dispute Resolution practice in this new
world.
india.mediationhub.org
Can
Adjudication in courts may bring a dispute to legally enforced finality after years long court
proceeding, but in essence, it may yet not bring a real resolution to a dispute.
Litigation
Despite all the potential benefits including flexibility, cost effectiveness, speed and
efficiency and even with the efforts of all the institutions that promote integration of ADR
measures, it still isn’t practiced in its core essence by a majority of lawyers in the dispute
resolution process.
alone truly Currently the education and training of ADR is not mainstream in law schools and
accreditation of mediators and other ADR professionals, the provision of ADR services by
Resolve
institutions and the quality and professionalism of mediators is not subject to any formal
regulation or supervision. The equipping of lawyers going into practice and those working
in house with the necessary skills of an integrated approach to dispute resolution and to
represent their client and protect their clients’ interests is piecemeal and inconsistent.
civil and
If our wider communities are to gain full benefit of the opportunities to enrich society with
the use of ADR mechanisms, much more awareness, education and skill development is
needed into this area. It is against this background that THE FICM ACADEMY, part of
commercial
Federation of Integrated Conflict Management, has bees set up. The Academy is carrying
out ground breaking research and development around the real world problems faced by
ADR practitioners and to provide thought leadership in the field of dispute resolution.
disputes?
The Academy will enhance the training of lawyers in the competencies they need in this
context:
Procedural competencies: familiarity with ADR options and methods and their suitability
for specific types of dispute; familiarity with mediation practices in different areas and work
types; familiarity with organizations offering associated services and criteria for selection.
Legal knowledge competencies: legislation and national levels; case law on these
primary sources and on costs issues, case management, mediator immunity, enforceability
of settlement agreements etc.
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Over the last century, and particularly in recent
years, there has been recognition that the law
school curriculum should be reformed to better
prepare lawyers for the real world of practice.
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Be a part of
the revolution.
Slowly but gradually the Government of India has realized
the importance of ADR and we are all set to welcome the
revolutionary legislation, Arbitration Act (2019) into our
training and practice. If India is to take on the ADR
strongholds of Singapore and UK this legislation is going
to be an important step in the right direction and we must
follow suit and make sure that we bridge the gap as
quickly and smoothly as possible.
“
If as students, we harbour
global ambitions, it is
imperative that we
inculcate the MED-ARB
procedure in our
jurisprudence as well to
keep with the global
norms.
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Be a peacemaker.
Disputes are bound to happen in professional settings and in our FICM offers NEW WORLD
personal lives. Preventing damages in terms of time and money, and
resolving disputes early by using innovative interventions is the only Dispute Resolution training
way we can manage disputes effectively. through short courses and
The innovative non-court dispute resolution approach is growing as
certificate programs.
organizations and individuals are finding merits in resolving their
disputes outside the adversarial, public, slow and expensive We provide courses that teach
litigation process.
how to manage and resolve
Negotiation, conflict resolution and collaboration skills are now conflicts, negotiate better deals,
highly valued among dispute resolution professionals - and greatly
needed - in today’s workplace. In fact, conflict resolution-related communicate more effectively,
positions are expected to grow faster than the average occupation. develop leadership skills and
It’s a market that demands skilled professionals to be qualified with
conflict management certifications.
preserve relationships.
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OUTLINE OF OUR
GROUNDBREAKING
TRAINING COURSES
THE FICM
TM
india.mediationhub.org ACADEMY
MEDIATION
CERTIFICATE
COURSE ON
MEDIATION
MEDIATE WITH
ETHICAL MEDIATION EMOTIONAL INTELLIGENCE
This FICM Certificate Course on Mediation The purpose of this course is to provide The Meditate with Emotional Intelligence
is a 5 weeks course designed to provide an learners with the knowledge to ethically course is a self-paced online course. To
in-depth knowledge of the Mediation serve as Mediators. Learners will gain successfully earn certification, learners must
process. Through this course participants knowledge about how to structure their complete all of the exercises within each
will be able to gain a working knowledge of approach to mediation and business Module and score 80% on an online
Mediation and acquire skills required to practices based on the "Model Standards of multiple choice exam.
conduct a Mediation process. Conduct for Mediators.
Course Learning Modules
This Certificate Course on Mediation is a 5 Course Learning Modules
weeks course and contains 4 Modules, 4 Ÿ Module 1: What is Emotional Intelligence
Role-play Exercises and 2 Assessments Ÿ Module 1:Self-Determination, Impartiality (EI)?
[online quizzes]. and Conflicts of Interest Ÿ Module 2: Emotional Intelligence and the
Ÿ Module 2: Competence, Process Quality Mediation Process
Course Format: Self-Study online learning and Confidentiality Ÿ Module 3: Application of EI Concepts to
Course Fee: Rs. 7,500/- Ÿ Module 3: Advertisements and Fees Mediation Scenarios
Ÿ Module 4: Conclusion and Exit Exam Ÿ Module 4: Mediation Practice
. Professional Development Plan
Course Format: Self-Study online learning Ÿ Module 5: Conclusion and Exam
Course Fee: Rs. 3,500/-
Course Format: Self-Study online learning
Course Fee: Rs. 4,500/-
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MEDIATION
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ALTERNATIVE
Many lawyers, consultants and professionals struggle to approach conflict
resolution correctly because of lack the required skills.
DISPUTE
This course outlines the diverse ADR practice prevailing in India and its utility
across different settings – both domestic and international. The aim of this course
is to discuss practical applicability of each Alternative Dispute Resolution
technique and to create skillful negotiators, mediators and arbitrators to cater to
RESOLUTION:
the requirements of various segments of people both domestic and international.
COURSE OUTCOME
EASING THE
After completing this course, learners will be acquainted with the knowledge and
skills with regard to:
LITIGATION
Ÿ ADR mechanism and its comparison with traditional litigation
Ÿ Various ADR techniques in practice and the difference between them
Ÿ Practical procedures for various ADR techniques
Ÿ Interface between domestic and international space in context of various ADR
LIFECYCLE
techniques
COURSE OUTLINE
india.mediationhub.org
THE
The number of disputes that are resolved through mediation now exceeds
exponentially those that are tried in courts. It is also a subject of great interest to
transactional lawyers.
MEDIATION
Clinical Skills
The Mediation Clinic focuses on developing students’ skills and addresses the
CLINIC
role and ethical issues in the mediation function. But, in the process, it teaches
much more. By the end of the course students will have learned a great deal
about listening and empathizing, dispassionately evaluating cases for litigation
and advising clients in that realm, identifying solutions to problems and
negotiating effectively, presiding over a meeting – in short, the skills that all
lawyers need and that clients value.
The Course
With its cutting- Fieldwork: students are the frontline mediators in a wide array of cases. With a
edge instruction and faculty supervisor present, students co-mediate an average of 4-5 cases per
semester at courthouses, government agencies and at the Law School in areas
breadth of that include civil litigation, criminal, domestic, campus student discipline and
sophisticated international child custody disputes and employment discrimination matters.
Following every mediation, students debrief with the faculty supervisor to
faculty-supervised complete the learning experience.
fieldwork, it has its
preeminent place as Course Format: Self-Study online learning
Course Fee: Rs. 8,500/-
a national model for
mediation courses.
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WHY TAKE FICM
ADR COURSES IN
LAW SCHOOL The world is gradually
doing away with the
centuries old linear
Well, we’d like to encourage you to
put either a Negotiation, Mediation
Advocacy or Mediation course at the
top of your preference list before
litigation based approach departing those hallowed halls.
to resolving disputes.
These courses delve into
These courses are “consensual” resolution: that is,
essential for students processes where participants
looking to pursue a career negotiate and control the resolution
of their own dispute, sometimes with
abroad. the help of an outsider, rather than
having an outsider decide the matter
Learn how the new world is for them, as in a trial. While these
preventing and managing courses cover many other aspects of
these processes, they all stress the
disputes effectively by centrality of negotiation know-how. In
“
using ADR clauses in the Negotiation, you’ll study the
contracts. Understand why dynamics and skills for bargaining
In many countries like Italy, with opposing counsel either with or
Arbitration mostly fails or
Mediation is mandatory by law for leads to litigation in India
without your clients in tow; in
Mediation Advocacy, you’ll explore
many civil and commercial disputes and how the Med-Arb counsel and client roles in
before seeking court option. It is just Approach brings the negotiating with opponents under the
helpful eye of a mediator; and, in
a matter of time when the world law difference in outcome. Mediation courses, you’ll develop
will make this a mandatory option Know how the integrated understanding of participants’
before litigation. India is also very approach is now negotiating behavior and how
appreciated in the industry. mediator’s use negotiation skills to
close to enacting such legislation. help parties settle differences at the
Are we ready for this? mediation table.
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Why Take FICM
ADR Courses In
Law School
Before discussing the particular skills these courses impart, let’s consider a number of practical reasons to take them.
First: You Might b. Law Firms: programs, resolution options are before they escalate. One often
all evaluated given the case and finds Ombuds in Human
Land Yourself an While still relatively new, business needs but multi-step Resource Departments in
ADR Job. collaborative law firms are use of negotiation and companies; many are lawyers
beginning to develop. In these mediation often rises to the top familiar with ADR.
practices, clients agree that the as resolution options of first
Taking these courses will attorney will limit representation efficient (often having settlement d. Serving as a Mediator:
provide the background you to settlement efforts in rates of 80-90% in commercial
need to secure a position in the negotiation or mediation disputes), can preserve Of course, many students would
ADR field. advocacy. If settlement efforts relationships so critical to like to be a mediator. But, some
fail, counsel from outside the business growth, and doesn’t reality testing is in order. The
a. ADR Administrative Jobs: collaborative firm handles the foreclose litigation, if settlement administrative jobs rarely
litigation. Traditional larger firms efforts fail. As an in-house prepare you to be a mediator
Consensual forms of ADR have have also begun to develop lawyer, with some law practice although they can provide a
flourished only in the last few Dispute Resolution Departments experience under your belt, you career path for a lawyer.
years and the field is still that include litigators and other might be asked to develop and Typically, if you want a career as
growing. So ADR jobs are lawyers who can serve as monitor a corporate system that a mediator in the lucrative
increasing in number although sophisticated settlement uses ADR to address streams of commercial realm, you need to
gradually. Newer lawyers might advocates. cases or those with significant practice in an area of
qualify for jobs as administrators financial ramifications. substantive law for a number of
in ADR programs for the courts, c. Corporations: years while developing
government agencies, Bar You might also qualify for a mediation skills and your
Associations, non-profits dealing Many corporations, in efforts to position as an Ombudsperson in reputation. One can develop
in ADR, or ADR Providers reign in legal expenses and a corporation. Ombuds help mediator skills by volunteering
(outfits administering ADR for avoid getting mired in the isolate dispute areas in in organizations that train and
private parties). In these business of litigation, have organizations to help eradicate use volunteer mediators such as
positions, lawyers develop, developed conflict management the causes of conflict. They also courts or community dispute
evaluate, promote or monitor programs to resolve disputes work with disputing employees, resolution centers.
ADR use for the organization. early and efficiently. In these constituents or customers to
choice. Mediation is fast, resolve problems consensually
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Why Take FICM
ADR Courses In
Law School
Second: You Are Likely Third: Negotiation Will Fourth: Fifth: You’ll Get a
To Be Propelled into Be a Daily Occurrence Professional Taste of Actual
Consensual ADR. in Your Law Practice. Ethical Practice while
Obligations May Developing
Even if you’re not directly involved in an
ADR practice, you’ll probably be thrust
You’ll use negotiation, rather than Demand that You Reflective
adversarial advocacy, during most
into participation in mediation. of your waking hours in every type Understand Lawyering Habits.
Increasing emphasis on
institutionalizing mediation in courts,
of law practice. Transactional Consensual ADR.
lawyers who craft deals use These three courses tend to
government halls and companies has negotiation continually but so do be structured as
produced a greater need for familiarity As a consequence of court
public interest lawyers, government efforts to increase mediation “experiential” learning. You
with mediation and its negotiation attorneys and litigators. The vast study legal theory and apply
underpinnings. Your client’s case is use, a movement to compel
bulk of litigated matters wind-up in or encourage lawyers to it to practice settings by
likely to be sent to court-related settlement or a mediation; or, representing live clients or
mediation before trial by judges in most advise clients about
something happens during litigation resolution options other than participating in role-play
courts. Appellate courts are also using to prompt one party to initiate simulations in small group
mediation. Many government litigation has arisen. Today,
serious settlement talks, such as you may have to comply with settings. Discussion of your
administrative agencies have developed losing an important motion. While experiences in the seminar
mediation programs that must be a state ethics code provision
more arbitrations proceed to final or a court rule that requires components amplifies your
exhausted before cases can proceed to award than do court trials, many learning. This “experiential”
the adjudicative hearing level. In a firm, you to advise your client
arbitrations also settle. So, it’s about all available resolution learning can enhance your
at a client’s initiative, you might also find highly likely you’ll reach the readiness to enter practice
yourself on the settlement/mediation options.
negotiation or mediation table when you graduate by
team for a major case while a separate during litigation or arbitration. You immersing you in the
team of litigators in the firm assumes will also be negotiating continually inductive nature of law
adversarial trial duties: what is known with adversaries over timing, practice. Practice is not as
as a “dual track” process. meetings, exchange of materials, neat and tidy as appellate
discovery procedures, and early case law which dominates
Similarly, as in-house counsel, you may settlement forays. so many law school courses
be thrust into the primary seat as and emphasizes substantive
settlement counsel or mediation law,
advocate in any number of cases.
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EMBRACE THE EVENTUALITY
OF INTEGRATED CONFLICT
MANAGEMENT EARLY IN
YOUR CAREER AND GET A
CHANCE TO LEARN
DIRECTLY FROM THE The following pages
PIONEERS OF THE FIELD. describe how it
becomes important to
You could argue that most clinically- include FICM ADR
oriented courses, including Arbitration or studies in your
Trial Advocacy, will provide experiential academics -
learning and reflective opportunities, and
you’d be right. They’re all valuable and
you should consider taking any number of
them, especially adversarial advocacy
courses. But Negotiation, Mediation
Advocacy or Mediation will give you a
certain edge,
FAMILIARITY
How do you view negotiation? Many lawyers think it’s a simple
process with little preparation where you get the other side to give you
what you want, any which way you can. This competitive and
WITH NEGOTIATION
adversarial approach leads to a win-lose battle that’s often
unproductive. In fact, negotiation is a far more complicated process
and demands a different mind set that recognizes the inherent tension
in negotiation: you must engage the other side in order to get to
APPROACHES
agreement while both sides are in a seeming struggle to achieve
apparently conflicting objectives. Creativity, option development,
respect for opponents and satisfying parties’ genuine underlying
interests rather than their positions.
FICM STUDENT
Ÿ Good at interactions and show promise
Ÿ Responsible, willing to take initiative and
have a knack for ADR
AMBASSADOR
You will help with a range of activities:
Ÿ Paid Activity
Ÿ Great chance to interact with the pioneers
of the field and expand your network
Ÿ Gain hands on experience and get a
glimpse into the future
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THE FICM ACADEMY
Our training creates FICM Academy’s blended learning
best-of-breed new world delivery format offers flexible study
dispute resolvers and options and is open to students,
CULTIVATES BEST-OF-
conflict managers in law professionals and learners across all
students, practicing categories.
lawyers, corporate
DISPUTE RESOLVERS
and other leaders and short intensive face to face sessions.
stakeholders of our The flexible learning options allow
business and society. individuals to organize study around
AND CONFLICT
their work and life commitments. The
content is highly practical and
experiential, providing students with a
MANAGERS
solid understanding of conflict
management in the new world and
innovative application of a variety of
dispute resolution mechanisms like
arbitration, med-arb, mediation and
other tactical interventions.
THE FICM
TM
ACADEMY
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ABOUT THE FICM ACADEMY
THE FICM
Address: negotiation, arbitration, conflict management and
other ADR training programs assist beginners,
W-122, Second Floor, leaders and decision-makers of all backgrounds
Greater Kailash-II, New Delhi that help them develop unmatched skills to
ACADEMY
110048, India prevent, manage and resolve disputes of all
kinds.
Phones:
We pioneer an extensive range of new world
Study, learning and +91 11 29 22 3019 training programs across the civil, commercial,
cultivation arm of +91 11 29 22 3017 workplace and family sectors. Our training
+91 85 05 99 9819 delivery ensures that professional mediators and
FICM
Federation of Integrated
Email:
arbitrators with FICM qualification have both the
skills and the credibility to become successful
civil & commercial, workplace or family
Conflict Management info@mediationhub.org mediators, arbitrators and ADR professionals.