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INTEREST-BASED NEGOTIATION FOR RECONCILIATION
Many organizations offer mediation/conciliation in the realm of their services, relying on experienced mediators/conciliators to dispense this service. This 2-day perfection seminar allows these mediators/conciliators to take a new look at their profession, to reflect on their role and the difficulties inherent to the process, and to discuss these with their peers, while reclaiming the basic interest based negotiation techniques intrinsic to any mediation/conciliation.
This two day course is open to organizations or enterprises, which provide groups of no fewer than 12 and no more than 16 participants. Fees: $3250 per day for the group, plus classroom rental fees, photocopies of the manual, travelling expenses as required, as well as Barreau fees where applicable. Training can be provided in the workplace or, at no charge, at the Sophilex Mediation Centre. To register a group
This course recaps the interest-based negotiation theory and allows for its application through discussions as plenary meetings that lead to a discussion of the negotiation model’s application to the mediation/conciliation process and allows participants to discuss as experts and among peers, all the difficulties encountered by mediators/conciliators. It addresses ethical considerations and deontology, confidentiality, impartiality, the power of the mediator/conciliator, the place of the mediator/conciliator’s opinion of the case, his emotions with regards to the issues, failure or success, the conflict, the expectations of the parties, situations of actual or perceived bad faith of one of the parties. It deals with the downside of mediation, as well as future challenges.
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Day 1
- Analysis of strategies for addressing the various elements of the circle of conflict
- Analysis of techniques relating to the substance (interests, opinions, norms and BATNA) in a mediation/conciliation
- Negotiation exercise which exposes the differences between position based negotiation and collaborative negotiation
- Plenary meeting and discussion on various topics relating to the process and its difficulties such as impartiality, ethics, confidentiality, bad faith, what the law states, and the opinion of the conciliator.
- Analysis of difficulties related to individuals, and video
- Part played by perceptions, emotions, and communication in mediation
- Communication techniques (reflecting, reframing, open-ended questions, reformulating)
- Objective analysis of the participant’s own behaviour with regards to conflict and other possible behaviours in order to develop impartiality and help others break away from their own behaviours
- Plenary meeting and discussion on various topics relating to the process and its difficulties.
French or English videos based on demand.
Complete course outline available upon request
Instructor
This seminar is conducted by Me Dominique F. Bourcheix. A lawyer with over 34 years of experience, Me Bourcheix practiced in banking, civil, commercial, insurance and professionnal liability for fifteen years. She is an accredited mediator since 1994 and since 1999, she has made a specialty and an exclusive practice of mediation and it's arbritation. She has conducted over 2000 mediations in such diverse fields as construction, insurance, professional liability, disability insurance, contracts, banking, commercial, successions, family, and at the Régie de l’Énergie. She frequently acted as an arbitrator in cases of civil and commercial matters, and was an arbitration specialist for the province of Québec for over 10 years, with the Automotive Vehicles Arbitration Program of Canada (CAMVAP). As a mediator, she is accredited by the Québec Bar in both Civil, Commercial, Labour and Family law; she is a Chartered Mediator with the ADR Institute of Canada; a member of IMAQ; a member of the list of mediators of the France-Québec Mediation Service and of several other organisations. (Click here for a short cv and for additional details.)
Me Bourcheix has been teaching mediation and negotiation to working professionnals since 1995. She has helped train internal mediators for the CRTC, the RCMP, the Canadian International Trade Tribunal, as well as for the Québec Commission on Access to Information. She has conducted many perfection seminars for conciliators working within many of Québec’s administrative tribunals, for the Centre de Médiation et d’Arbitrage de Paris, as well as for Aix Médiation. She has also taught seminars on principled negotiation for many governmental institutions and private organizations, as well as for the Québec Bar’s Continuing Education Program.
Her great practical experience of mediation, not only in civil and commercial matters, but also in tense human conflict, combined with her credentials as a dynamic and passionate instructor, are what make this seminar so exclusive and powerful.
