Infopaket

MEDIATION IN DISPUTE RESOLUTION

ДВС.37.08

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

3

Students' achievement of such competencies, skills and abilities as: knowing the components of a dispute / conflict; methods of out-of-court dispute resolution and mediation procedure, describing the methodology for building a strategy and the procedure for resolving a dispute through mediation. Students shall demonstrate effective communication in the process of mediation, communication at the verbal, nonverbal and paraverbal levels, to conduct effective communication at the written level, including e-mailing. Students should be able to make and justify decisions on the best and acceptable strategies for resolving a dispute / conflict; develop and formalize the results of mediation, evaluate decisions in reference to the range of acceptable and effective actions at different stages of agreeing on common positions and resolving disputes in the mediation process.

Distance form

It is mandatory to: Know national regulations that determine the binding nature and specifics of dispute resolution, international law, including soft law, in resolving disputes through mediation. be able to analyze practical situations and to single out the circumstances for the purpose of their legal qualification both separately and as a whole; be able to draw conclusions based on the analysis of a set of circumstances. Have the skills to analyze, interpret and comment on practical situations in terms of identification and evaluation of actions / inaction; skills of public presentation of one's own position in the case; group work skills and joint development of dispute resolution options.

Students study the peculiarities of the procedure and particular stages of out-of-court settlement of disputes through mediation; they also practice techniques aimed at achieving understanding, developing a common way to overcome the conflict; work out algorithms of actions of the mediator for the effective decision of the dispute. Students master the techniques and methods of achieving understanding at all stages of the conflict in practice; features of oral, written communication, persuasion, argumentation; with the help of practical exercises practice the procedures of a mediator, develop practical skills of effective communication, professional discussion in dispute resolution, active listening, argumentation, coordination of legal positions, making an agreement on the results of mediation.

1. Argument Types and Fallacies in Legal Argumentation /Ed. By Bustamante T., Dahlman C. 2015. 222p. 2. Emotion in Group Decision and Negotiation/ Ed.by Martinovsky B. 2015. 217p. 3. Lewicki R.J., Saunders D.M., Barry B. Essentials of negotiation. 7th ed. New York, 2021. 336p. 4. Goranko V. Logic as a tool: a guide to formal logical reasoning, 2016. 357p. 5. McCarthy A., Hay S. Advanced Negotiation Techniques, 2015. 163p. 6. Orland-Barak L., Maskit D. Methodologies of Mediation in Professional Learning, 2017. 167p. 7. Garvey J.B., Craver C.B. Skills & values. Alternative dispute resolution: negotiation, mediation, collaborative law, and arbitration. Durham, North Carolina, 2021. 270p. 8. Vander Weele T. Explanation in causal inference: methods for mediation and interaction, 2015. 704p.

Coursework is carried out in the form of interactive lectures, analysis of practical cases, demonstrations and group discussions of new material. Seminars provide preliminary independent individual, pair and group training. In classrooms students interact in pairs, groups and practice individual skills of the mediator and dispute participants as well as elements of the mediation process. Methods of cases, role-playing according to the rules set by the teacher and the story lines with the subsequent analysis are used. Performing a number of exercises involves creating or using photos, videos and additional graphic materials offered by teachers and students.

Types of ongoing monitoring are selected according to the programme and may include evaluation of reports, surveys, testing, etc. The teacher, who conducts seminars, sets the number of points scored out of current control points and puts them in the documents of student performance. If a student is absent at a seminar for good reasons, he / she may work out the missed class in extra-curricular classes within 7 days after the missed class during the teacher's consultations. Academic detention is carried out by oral examination or other type of task set by the teacher. Points are not awarded for missed classes. It is not allowed to work out the missed classes at the end of the semester. Assessment of individual tasks is carried out in class according to a predetermined schedule of their performance by listening to the results, group discussion and more.

English