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Straus Institute for Dispute Resolution

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Beyond the Basics: What to Know and Do to be a More Effective Mediator

Faculty: Toby Treem Guerin and Marvin E. Johnson

Building upon the foundation of what you learned in basic mediation training, this course focuses on understanding and utilizing a wide range of additional mediator techniques and tools. Whether you mediate two or more than 20 times per year, this interactive course enhances the mediator's existing skillset and challenges the mediator to explore new mediation experiences and enhanced learning opportunities. The course focuses on areas of practice often not covered or not covered in depth in most basic mediation trainings such as asymmetric mediation issues, hierarchy of questions that are asked, hearing what has not been said, the art of conveying offers in mediation, and pre- and post-mediation activity. Time will also be spent covering challenging ethical situations and reviewing some of the effective business practices that can benefit ADR practitioners. Through simulations and observations, participants will engage in real-time practice opportunities.

What you will learn:

  • What mediation tenets guide your mediation practice
  • How to identify and articulate your own mediator philosophy and framework
  • The impact of the unconscious decisions that mediators make
  • The role of self-reflective practices
  • Effective preparation of parties before and after mediation
  • How to identify and address ethical situations in real time
  • Enhanced solution-generating techniques
  • The strategic use of effective business practices, including data management, online communication, and identifying conflicts of interest

Toby Treem Guerin, J.D.,is the managing director for the Center for Dispute Resolution at the University of Maryland Carey School of Law and clinical instructor. Guerin has over 10 years experience mediating and facilitating in various venues including government agencies, nonprofit organizations, schools, and court systems. She served as the first chairperson of the Mediator Excellence Council, a mediator quality-assistance initiative in Maryland and formerly directed the agricultural mediation program at the Maryland Department of Agriculture. Guerin has trained hundreds of mediators on topics of beginning to advanced mediation, elicitive feedback, mentoring, and effective communication, among others.

Marvin E. Johnson is a nationally recognized mediator, arbitrator and trainer and is the founder and executive director of the Center for Alternative Dispute Resolution. He serves on the JAMS panel of resolution experts.   Two U.S. presidents, a U.S. secretary of state, a governor of Maryland, and the chief judge of the Maryland Court of Appeals have recognized Marvin Johnson's dispute resolution expertise by appointing him to various dispute resolution panels and boards. He is a member of the American College of Civil Trial Mediators, the National Bar Association, and the CPR Institute's National Task Force on Diversity. Johnson is a former officer and current member of the ABA's Section of Dispute Resolution, the International Academy of Mediators, and the Society of Professionals in Dispute Resolution/Association for Conflict Resolution.