Beijing Arbitration Commission

The Third Mediation Training Was Held Successfully by Beijing Arbitration Commission and Straus Institute for Dispute Resolution of Pepperdine University

Publish time: Thu Jan 20 00:00:00 CST 2011   Contributor:Wang ze

Beijing Arbitration Commission worked with Straus Institute for Dispute Resolution of Pepperdine University to hold the Third Mediation Training successfully dating from January 13th 2011 to January 17th 2011. This training has gained support from U.S.-China Legal Cooperation Fund and invited Prof. Peter Robinson, Director of Straus Institute for Dispute Resolution, to give a lecture.

The lecturer introduces himself
Trainees are listening attentively to the mediation theories

As a flexible and effective mechanism to resolve disputes, mediation has been praised highly for the past few years in the course of building a harmonious society in China. At the time when the mediation rules of our commission have been formulated and carried out gradually, our commission held this training aiming at introducing the western mediation experience to supplement the insufficient study of mediation skills in China. The lecturer cast the Four-Phase theory of dispute resolution on the first day of training, which constructs a relationship between mediation, arbitration and litigation from a novel theoretical perspective at the very beginning and initiates a heated discussion among the trainees. In the subsequent trainings, the lecturer shows the trainees progressively the five principal elements – convening, opening remarks, communication, negotiations and ending – of the American mediation that formed after years of heritage by diversified case teaching and simulated mediations. The lecturer uses the simulated case practices of complete systems to further instruct the detailed techniques of each part in the course of mediation, which let the trainees experience in a lively and direct manner the substantive impact on dispute resolution brought about by different techniques or even delicate differences in linguistic expressions. Particularly the lecturer considers negotiation as a separable game process when teaching negotiations of mediation and demonstrates how to guide to a win-win negotiation by communication skills. This teaching content inspires the trainees with some new ideas on mediation. In the five-day classroom teaching, the vivid and vigorous interactive teaching method brings something fresh and new to the trainees and demonstrates and imparts fully a lot of practical skills of mediation. The lecturer explains the profound mediation theories in simple words by quoting his mediation experience, which has shown his superb teaching capability. Accordingly, the trainees actively share the experience they have acquired and the lesson they have learned in the mediation teaching and practices, and their passionate participation and good interaction also enrich the intension of this training. When the five-day mediation training draws to a close, the trainees are still longing for more. They hope our commission and Straus Institute for Dispute Resolution of Pepperdine University will become a tie binding China’s mediation theory and practice circles with that of the U.S. They also express their hopes to hold a systematic mediation training once more to provide reference for the construction of a domestic mediation mechanism. At the end of the training, the lecturer also conveyed a message to the trainees that “Harmony is not really indisputable, while the real harmony lies in that people would have an effective and convenient means to negotiate a win-win solution for continued cooperation in case of a dispute. I hope such value orientation will help your (trainees) mediation career develop prosperously. ”

Trainees are having a heated discussion
Trainees are interacted actively
Simulated mediation practice
The lecturer demonstrates how to mediate

Because of the limited enrollment of this training and its orientation towards college teachers, the participated trainees are all particularly invited. Twenty-five people including teachers in law schools of universities from five different provinces and cities and other relevant professionals engaging in mediation participated in this training.

The lecturer confers certificates on trainees
 
All trainees take a group photo to mark the occasion

Trainees’Comments:

— “This training has broadened my minds on the teaching content and the teaching style of teachers and it is helpful to my work.”
— “The lecture is very good. Currently, domestic research and practices concerning mediation lag far behind that of foreign countries.”
— “Mediation is not only an art but rather a survival skill. This is excellent! It is really eye-opening! ”
— “We can know the real intension and extension of mediation through this course which may also help more people to know the nature of mediation and learn the skills of mediation (negotiation and communication). It is really hard to tell the benefits in a few words, but it really has many benefits. I will surely recommend it to my friends.”
— “The lecturers are dedicated in teaching, the contents of lectures are useful and the teaching methods are vivid and interesting. Learning from experts is one way for progress of an individual or even a nation. As a result, it should insist on inviting experts to give lectures. ”
— “I have gained a lot and have a brand new perception and understanding of mediation. It is enlightening and expands my minds, which is also helpful to my practical work. It is really enjoyable for it to combine theories with practices.”

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All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
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