The goal of this course is framed by the nine minimum areas of information that need to be covered in a basic mediation 40 hour training program, which include:

1. History of Mediation
   Trainees will understand the historical perspective of mediation and its evolution over time and as it continues to evolve today.
2. Overview of ADR Legislation in Texas
   Trainees will be introduced to legislation that regulates the practice of mediation, so they may comply with relevant legal requirements.
3. Conflict Resolution Theory
   The theory of conflict resolution will help trainees differentiate between mediation and other forms of dispute resolution.
   1. Topics include the differences in styles of mediation such as interest-based, problem solving, transformative, facilitative, and collaborative problem solving.
   2. Course discussion will include exploring the differences among conflict resolution tools of mediation, negotiation, and facilitation skills through definitions, types of, sources of, and their role in responding to conflict.
4. Mediation Theory and Practice
   Trainees need a theoretical grounding to understand the process fully. Trainees should understand a full range of mediation models in order to serve the parties most effectively.
   1. Topics
      1. Definition of mediation
      2. Role and characteristics of mediators
      3. Theory of mediation
      4. Benefits of the mediation process
      5. Differences in third-party roles: mediators, arbitrators, and judges
      6. Approaches to negotiation used in mediation
      7. Range of styles, types of mediators and mediations
      8. Impact of diversity issues
      9. Court systems and procedures
5. Mediation Process and Techniques
   Trainees will use role play in conceptualizing the framework for conducting the mediation session. This requires learning key techniques to assist in managing the session’s process.
   1. Topics to learn in the process of mediation:
      1. Elements of the Mediation Process
         1. Preliminary arrangements/forms to be signed.
         2. Opening and structuring the mediation session
         3. Introduction/orientation of disputants/attorneys
         4. Gathering and exchanging information (venting/opening statements)
         5. Issue and problem clarification
         6. Generating options
         7. Bargaining and negotiation
         8. Agreement writing/enforceability
         9. Closure
      2. Techniques
         1. Trust building
         2. Reframing
         3. Keeping on track, following agenda, managing process
         4. Focusing on interests vs. positions
         5. Building on partial agreements
         6. Caucusing
         7. Reality testing
         8. Working with third parties
         9. Managing difficult people or strong emotions
6. Self-Awareness of Trainee
   Trainees will explore how their personal characteristics, values, or biases might influence their ability to perform effectively as a mediator.
   1. Topics
      1. Diversity/cultural awareness (personal biases)
      2. Language differences
      3. Conflict style
      4. How the trainee responds to conflict
      5. Personality/style
7. Ethics
   Trainees will learn how to support the effectiveness and credibility of the mediation process through making informed choices based on ethical principles.
   1. Topics
      1. Conflict of interest/appearance of impropriety
      2. Neutrality/impartiality
      3. Confidentiality
      4. Sample of standards recommended by dispute resolution professional organizations
      5. Staying in the role of mediator
      6. Violence, substance abuse, child abuse & neglect, screening, reporting and legal issues
      7. Power imbalances
      8. Liability
      9. Misuse of process
      10. Protecting the process
      11. Awareness of various organizations’ ethical guidelines and grievance processes
8. Communication Skills
   Trainees will have an opportunity to learn selected written and oral communication skills in order to foster understanding and trust, elicit relevant information, and accurately track and record key areas of agreement.
   1. Skills
      1. Listening
      2. Note taking
      3. Questioning
      4. Nonverbal communication (i.e., eye contact, body language)
      5. Restating and clarifying
      6. Use of neutral language
      7. Drafting the agreement
      8. Recognizing feelings and emotions of parties
9. Professional Considerations
   The trainers will promote the belief that continuing education and development is critical to achieving excellence in mediation. Trainees will learn about the opportunities to continue to learn, to network, to find support within the field, and to establish a professional identity.
   1. Topics
      1. Professional organizations
      2. Networking
      3. Practicum
      4. Continuing education
      5. Aspects of establishing a practice
      6. Community service
      7. Marketing your services

Dr. Barbara Sunderland Manousso, Ph.D., MPH 
2019 Recipient of the Texas Association of Mediators Adams Award in Mediation
Texas Credentialed Distinguished Mediator;   Collaborative Law Mediator;
Professor at the University of St. Thomas – Center for International Studies–Global Conflict Management; 2019 Texas Association of Mediators (TAM) Adams Award; 2018 Lifetime Achievement Award by the Association for Conflict Resolution Houston Chapter; Houston Business Journal 2018 – Women Who Mean Business in Professional Services; Fellow in the World Mediation Organization; Immediate Past-Chair of the Education, Research, and Training Section of the International Association for Conflict Resolution; Past-President of the Houston Gerontology Society  2016-2018;  Member:  Train the trainer – Texas Mediators Trainers Roundtable;  Past-Chair of the Health Care Section of the International Association for Conflict Resolution;  Past-President of the Association for Conflict Resolution Houston Chapter; Parenting Coordinator; Member of the University of Texas Consortium on Aging; Past President of the University of Texas School of Public Health Alumni Association

 

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Melissa Back, J.D., Mediator, Arbitrator
Mediator, Arbitrator, Attorney,
Adjunct Professor at the University of St. Thomas – Center for International Studies in Global Conflict Management; Immediate Past-President of the Texas Association of Mediators, President of the Texas Association of Mediators (TAM), Co-Chair of the Texas Mediators Trainers Roundtable, Board Member and Immediate Past-President of the Association for Conflict Resolution Houston Chapter, Director of Manousso Mediation and Arbitration, LLC, EEOC Mediator.
Texas Credentialed Mediator; Parenting Coordinator and Facilitator

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Lori LaConta, Esq., MBA, Mediator, Arbitrator, Professor
Texas Credentialed Distinguished Mediator; Certified Arbitrator (AAA),
Professor in Conflict Management at the University of Houston Clear Lake, Past-President of Labor Employment Relations Association (LERA) Houston Chapter, Immediate Past President of the Texas Association of Mediators (TAM), Past-President of the Association for Conflict Resolution Houston Chapter, American Arbitration Association panelist, Federal Mediation and Conciliation Services

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Judge Josefina Rendon, J.D., Mediator
Former Harris County District Civil Court 165
City of Houston Municipal Judge
Texas Credentialed Distinguished Mediator
Past President of the Texas Association of Mediators
President-elect of the Association for Conflict Resolution Houston Chapter

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Dr. J. Scott Creighton, Mediator – Arbitrator
Dr. James Scott Creighton is a professional mediator and arbitrator. He graduated Nova Southeastern University with his Doctorate (Psy.D.) and Masters (MS) in Clinical Psychology (1990). He completed a Postdoctoral Fellowship in Clinical Child and Adolescent Psychology at McLean Hospital, Massachusetts (1990 – 1992), and appointed Instructor in Psychology at Harvard Medical School (1990 – 1994). He served later as adjunct faculty at Wheelock College and Massachusetts School of Professional Psychology. He practiced privately as a psychologist from 1994 – 2012, working individually/collectively with families, schools, youth, parents, educators, prominent public officials and international celebrity figures to address matters solely related to psychological functioning (assessment, treatment and aspects of prevention). He worked concurrently in a non-profit program (Institute for Child and Adolescent Development) as Staff Psychologist, Director of Training and later Clinical Director. He relocated to Houston and incorporated ADR into his experiences, completing certificates in Basic Mediation, Advanced: Family-Divorce-Child Custody Mediation, Adult and Elder Mediation, Arbitration and Parent Coordination/Facilitation through Manousso Mediation and Arbitration. He provides mediation course instruction with Dr. Manousso’s training programs on family dynamics and personality styles. He is a mediator and arbitrator for BBB in Houston, and completing coursework in Criminal Justice related to court procedure, criminal and family law, and juvenile justice. He presented at the 2017 TAM Conference, “Mental Health in Mediation: Exploring Social Psychology and Personality Disorders in the Mediation Process.”

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Dr. Habib Chamoun, International Negotiation Specialist and Author

Over the past 25 years, Dr. Chamoun – Nicolas has been conducting negotiation and business development activities in diversified sectors, oil and gas, mining and metals industry, petroleum, petrochemical, chemical, industrial, commercial, institutional, for the sales and marketing of services and products.  Among the companies he worked for are ELF Aquitaine (Total), ICA Fluor Daniel, Brown and Root. Dr. Chamoun has trained thousands business professionals on a Business Development Approach on sales and negotiation and has conducted research on how Mexicans and other cultures negotiate.

 

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Esteban Mayer, Mediator
Cultural Diversity Expert with a thirty plus years with Children’s Protective Services and family conflicts.

 

 

 

 

 

versity Specialis

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AnaMaris Cousins Price
President of the International Association of Ombudsmen
Halliburton Ombuds

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Don Tomlinson, J.D., Mediator, Arbitrator
Former Ethics Professor at Texas A & M, Attorney, Mediator, Arbitrator

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