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COURSE CURRICULUM

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1. MEDIATION BASICS

This module establishes a foundation for mediation in an International, Community and Family setting (built on the United Nations model). It includes 3 methodologies for the Mediation Process (ranging from low to high conflict) and assists the Mediator in identifying a Mediation Style most suited to her/his personality and education.

 

We then address contemporary issues of the Mediator’s involvement and approach to People-Processes-Problems and conclude with an investigation into potential cognitive biases.

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  • Mediation 101

  • Understanding Conflict

  • Bases for Conflict Resolution

  • Mediation Styles

  • The Run-up to Mediation

  • The Mediation Process

  • Legal Counsel in Mediations

  • Ethics of Mediation

  • Mediator Bias

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2. PSYCHOLOGY IN MEDIATION

In this module we start by examining the potential for professional bias in Law and Social Sciences and then delve into globally accepted understandings of Attachment Theory and Developmental Psychology. From here we analyse the experiences, roles, problems and solutions encountered by Children and Adults in situations of family separation and legal turmoil.

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  • The Mediator’s Role

  • Attachment Theory

  • Children & Divorce/separation

  • Adults & Divorce/separation

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3. FUNDAMENTALS OF SA FAMILY LAW

This module introduces key concepts in SA Family Law: the Court system, Mediation’s place in SA Law, different types of Marriages and Marital Property Regimes and the legal principles that apply to Divorce. We work through the theory and mechanics of Child- and Spousal Maintenance and conduct a thorough examination of the Rights of Children and Parents in family disputes.

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  • Legal Framework

  • Mediation in Context

  • Marriage & Divorce

  • Maintenance

  • Rights of Children

  • Rights of Parents

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4. DIVORCE

Here Learners attain a finer understanding of the Divorce Act and legal principles surrounding Divorce, including methodologies for the Division of Marital Property. We work through the Process of a Divorce Mediation and critically analyse all Inputs and Outputs.

 

Learners then work through practical examples of Calculating the Division of the Estate as well as preparing a Divorce Settlement Agreement. We then conclude the module with the Legal Processes that follow on a Divorce Mediation.

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  • Legal Framework

  • Mediation in Context

  • Division of the Estate

  • The Process: Mediation

  • Inputs

  • Outputs

  • The Process: Post-Mediation

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5. PARENTING PLANS (incl. Substance Abuse)

This module delves deeper into the Children’s Act and legal principles surrounding Parenting Plans, including methodologies for effectively dealing with situations involving Substance Abuse and Contact Schedules between Parents. We work through the Process of a Parenting Plan Mediation and critically analyse all Inputs and Outputs (including the Voice of the Child Interview).

 

Learners work through practical examples of age-appropriate Contact Schedules as well as preparing a Parenting Plan Agreement. The module concludes with the Legal Processes that follow on a Parenting Plan Mediation.

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  • Legal Framework

  • Mediation in Context

  • Substance Abuse

  • The Process: Mediation

  • Inputs

  • Outputs

  • The Process: Post-Mediation

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6. SECTION 22 AGREEMENTS

Here we examine the phenomenon where Children grow up in families where adults who are not the biological or legal Parents (typically other family members or Foster Parents) provide Care, Contact or Maintenance for Children.

 

We acquire a more in-depth understanding of the Children’s Act and legal principles surrounding Section 22 Agreements (a legal extension of Parenting Plans). We work through the Process of a Section 22 Agreement Mediation and critically analyse all Inputs and Outputs (including the Voice of the Child Interview). The Learner then works through practical examples of Contact Schedules as well as preparing a Section 22 Agreement. Finally. The module is concluded with the Legal Processes that follow on a Section 22 Mediation.

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  • Legal Framework

  • Mediation in Context

  • The Process: Mediation

  • Inputs

  • Outputs

  • The Process: Post-Mediation

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7. MAINTENANCE

This module critically examines the Maintenance Act and legal principles surrounding Maintenance, including methodologies for Maintenance Calculation and the legal responsibility for paying Maintenance by each stakeholder.

 

We work through the Process of a Maintenance Mediation and critically analyse all Inputs and Outputs (including income and expenditure). The module extensively covers the use of the Maintenance Calculator and Learners then work through practical examples of Maintenance Calculations and filling out Court Maintenance Forms. The module is concluded with the Legal Processes that follow on a Maintenance Mediation.

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  • Legal Framework

  • Mediation in Context

  • The Process: Mediation

  • Inputs

  • Outputs

  • The Process: Post-Mediation

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8. DOMESTIC VIOLENCE

In this module we analyse the Psychosocial Framework within which Domestic Violence occurs, and how Mediators can effectively provide legal solutions. We work through the process of Applying and Enforcing Domestic Violence Interdicts, including the processes involved in Breach of a Domestic Violence Interdict.

 

Learners are taught how to prepare the necessary Court Documents, as well as briefing victims of Domestic Violence on all necessary steps and possible outcomes of Court Processes.

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  • Mediation in Context

  • Psychosocial Framework

  • Legal Framework

  • The Process

  • Inputs

  • Outputs

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Click here to view a sample video

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9. ADVANCED MEDIATION SKILLS

This module builds on all previous models, skills and approaches, as a final preparation for Mediators before mediating their first case – though the module is also useful for existing Mediators who wish to extend the scope of tools available to them, and includes revision on the standard tools and models.

 

We start by analysing the most common problems encountered in Mediation: Deadlock, Power Imbalances and Anger/Disruption. Next we revise the methodologies, tools, mediation styles and processes used, building on what has already been learnt.

 

A greater understanding of the Interest Base for Dispute Resolution is explained through Universal Interests, and a host of tools (from decades of experience by Mediators from across the world) is introduced and further developed. The module is concluded with techniques for dealing with specific situations, effectively working with Legal Representatives and Caucusing (side meetings).

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  • Introduction

  • Deadlock

  • Power Imbalances

  • Anger/Disruption

  • Revision:

    • Bases for Conflict Resolution

    • Standard Toolbox

    • Mediation Types

    • The Mediation Process

  • Universal Interests

  • The Extended Toolbox

    • Internal Toolbox

    • External Toolbox

  • Situation Specific Tools

  • Legal Representatives

  • Side Meetings

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Click here to view a sample video

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10. MEDIATION AS A BUSINESS

The final step in the self-study portion of the course is one often overlooked by Mediators: effectively planning and setting up your Mediation Practice or Mediation Division within a NGO/NPO or in a Corporate setting.

 

We start by analysing the Mediation Industry and Start-up Requirements in terms of Resources. Approaches and practical tools are provided in Traditional, Digital and Face-to-face Marketing, as well as a methodology for integrating all three. A detailed walk-through of the Case Management Lifecycle is provided, and templates for a host of Practical Tools are included (e.g. Client Registration/Intake Forms, Contact Lists, Quotations and Invoices, Information Brochures, Letterheads, Business Cards, etc.)

 

The module concludes by having Learners continue the planning already done, complete a Business Plan, Cash Flow Projection and a practical To Do List.

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  • Introduction

  • The Mediation Industry

  • Starting Up

  • Marketing

    • Traditional Marketing

    • Digital Marketing

    • Face-to-face Marketing

  • Case Management Lifecycle

  • Practical Tools

  • Critical Success Factors

    • Business Plan

    • Cash Flow Projection

    • To Do List

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Click here to view sample videos

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