TOT 100: Refresher Course

NOTE OF THANKS FROM THE AUTHOR

“Sincere thanks to one and all for being in this journey from Blog One to Blog Hundred”

The objective of a refresher course may have to be different from the objective of giving training for forty hours in mediation. A trainer cannot ignore the fact that refresher courses are generally given for those mediators who have already handled a minimum of twenty to fifty live mediations. It is in this background designing a course curriculum for a refresher course, choice of role-plays, simulation exercises, etc. will have to be carefully and meticulously done.

Understand the background of the trainees

The course curriculum would depend upon the background of the trainees.

• It would depend upon the number of mediations the trainees might have done. Course curriculum will be different for those who have done (a) 10- 50 mediations (b) 50-100 mediations (c) 100- 500 mediations (d) Thousands of mediations
• It would also depend upon the area of practice of the trainees. 

Example
Whether the majority of the mediator trainees handle (a) Family matters (b) Commercial matters (c) Property matters (d) IPR matters (e) Labor matters etc.

Or

They assist in mediations related to any one or more of these areas.

The role plays and simulation exercises may have to be chosen depending upon the area of interest of and usefulness to the majority of the trainees in the group.

Moving from known to well known 

Refresher course focuses on the elements of positive and negative reinforcement. What is being done properly is encouraged and strengthened further. What is not done properly is discouraged from being continued. Reasons for discouragement are made known to the trainees. The concepts, which have already been learned by the mediator trainees, are strengthened layer by layer so that they reach a level of better understanding. They start understanding the concepts at a deeper level. They enhance their skill sets, and they sharpen their already learned skills. They move from the stage of “ I know it” to the level of “I know about it very well”.

Choice of topics and sub-topics

Depending on the availability of time, choice of topics and subtopics may have to be identified. The majority of the time, Topics are chosen for a refresher course will be those which have been part of the curriculum of forty hours’ training undergone by the mediator trainees at the initial stage. Nevertheless through the refresher course objectives of better learning and strengthening are achieved.

Trainer has to identify: 

• What more I can tell you about this topic.
• What value will it add to their existing skill set/s?
• Am I just repeating what they already know or am I moving them to the next level?

Role plays & simulation exercises

Depending on the availability of time, the trainer can take a call on (i) Conducting a complete role play from the beginning till the end or (ii) a portion of the role play drawing the attention of the parties to a given concept.

In situations where the trainees have handled hundreds of mediations, it is ideal to take them through situational role-plays. In this method, brief facts of the case (background) are given to the trainees by the trainer. The situation is given in writing. Participants are chosen to play the given role/s. Mediator is asked to handle the situation.

Example
Topic: Handling interference by third parties

Background: Husband has filed a petition for restitution of conjugal rights. Wife has filed a petition for divorce. During the course of mediation both parties agree for reunion. Mother of wife is opposed to this thought. She is dead against her daughter going back with her son -in law. Wife/daughter says, without the consent of the mother she does not want to go with the husband. 

Participants: Mediator – Mother of wife ( Third Party)

COMMON ERRORS

• Ignoring the fact that it is a refresher course.
• Getting into the mode of talking
• Going on telling the very same basics which the participants already know very well. 
• Not making a preparation on what to tell and how to tell?
• Explaining in detail a very simple concept with several well known examples.
• Getting into arguments with the trainees.
• Spending too much time trying to convince one of the participants, without going to the crux of the topic.
• Spending time in answering questions that are out of context of the topics chosen for presentation.
• Ignoring the foundation of experiential learning of participants.
• Ignoring the limitations of the capabilities of the trainer. 
• Entering into argument with the co trainer – or displacing the inputs given by a co trainer. 

BEST TIP

1. Prepare the presentation for fifteen minutes on any chosen topic, to be presented for the benefit of trainees undergoing forty hours’ training in mediation.
2. Prepare the presentation for fifteen minutes on the very same chosen topic, to be presented for the benefit of trainees (who have done more than hundred mediations undergoing refresher course.
3. Prepare the presentation for fifteen minutes on the very same chosen topic, to be presented for the benefit of trainees (who have done more than a thousand mediations undergoing refresher course.
4. Compare each of the presentations. Work and re-work on each of these.
5. For every topic or sub-topic a trainer should have these three sets of preparation, kept ready well in advance. 

“Spend less time focusing on outcomes and more time focusing on the habits that preceded the results.”

James Clear
Author of Atomic Habits

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