JJUA55008U  Mediation

Volume 2016/2017
Content

Mediation is voluntary dispute resolution mechanism, where a neutral third party (the mediator) through a structured process helps the parties reach a satisfactory agreement. The mediator makes no decisions in the case and mediation is confidential.
The main objective of this course is to provide students with a theoretical and practical understanding of mediation. In the theoretical section of the course, the objective is to provide students with a solid understanding of mediation as it is mostly practiced in Denmark. This will enable students to assess whether mediation is applicable in a dispute and enable students to understand how mediation differs from other means of dispute resolution. The objective of the practice part is to put theory into perspective though practice, which provides students with a more solid insight into mediation and the role of the mediator.

The course combines theory and practice and students participate actively in class. The course is divided in two parts: One part is primarily theoretical (20 hours) and takes place in 3 hour classes. The other part is a practice part (14 hours) which takes place as a two day seminar.
The course will include topics such as understanding conflict, conflict escalation and different paradigms of conflict. With regard to the mediation process, the course will look at initial contact with the parties and the mediation meeting itself with the opening, storytelling, generation of ideas and negotiation of an agreement. This will also include questioning and listening skills. Different types of mediation will be identified and discussed. In addition, the course will compare mediation to other mechanisms of dispute resolution such as negotiation, arbitration and adjudication, and focus on the use of mediation at the workplace, in business and in international perspective, including the EU. The course will also address issues such as ethics, neutrality and the role of the attorney in mediation.
During the course, participants will work on their practical mediation skills though relevant and realistic role-plays. In the debriefing of role-plays issues such as the problem of the case, preparation, usefulness of various strategies and techniques, mediator’s use of techniques etc. will be addressed. During the work with the students’ own mediation skills, focus will be on understanding how background and personality influence style and strategy. Strengths and weakness can be addressed and worked with, and mediator qualifications will be identified and discussed.

Learning Outcome

- Identify mediation and the stages in the process as it is understood in the non-model primarily used in the course.
- Present and use mediation techniques in role-plays and reflect upon choices made during a mediation. 
- Describe mediation and the stages in the process as it is understood in the reflexive model
- Present and use central mediation concepts such as neutrality, impartiality, truth, power in role-plays and in cases.
- Critically to reflect upon own strengths and weaknesses as mediator and how personal background influences mediation practice.
- Present parts of a mediatioas a mediator in a role-play.
- Critically to reflect upon whether a conflict is suitable for mediation and argue pro and con.
- Explain differences and similarities between mediation and adjudication/arbitration
- Present different models of mediation
- Put theory with own experiences inside and outside the classroom into perspective, and briefly discuss advantages and disadvantages
- Analyse a conflict using escalation theory and dimension theory and reflect on the use of the concepts in conflicts in the student’s own life or in society as such.
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent

  • Vibeke Vindeløv, Reflexive Mediation, DJØF 2012.
  • Collection of additional literature

Required reading approximately 500 pages.

Since the practice part is an integrated part of the course and the exam it is important to attend the training seminar.
’Mediation’, ’Konfliktmægling’, ’Negotiation and Dispute Resolution in Theory and Practice’ and Forhandling og konflikthåndtering i teori og praksis are mutually exclusive. Hence, you can only attend and be examined in one of these courses as part of your studies.
Credit
10 ECTS
Type of assessment
Written examination, 3 days
Assigned individual written assignment, 3 days
The exam combines theory with practical understanding obtained though role-plays during the course.
Marking scale
7-point grading scale
Censorship form
No external censorship
Exam period

Exam date: December 9-12, 2016

Re-exam

February 10 - 13, 2017

  • Category
  • Hours
  • Seminar
  • 34
  • Preparation
  • 241
  • Total
  • 275