JJUA55008U Mediation
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.
- 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.
’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.
- Category
- Hours
- Preparation
- 241
- Seminar
- 34
- Total
- 275
Enrolling as a Single Master Level/ Credit Student:
For Single Master Level Courses – click here!
For Single-subject credit students - click here!
For further
information
- Credit
- 10 ECTS
- Type of assessment
- Written examination, 3 daysWritten without supervision (homework 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
Eksamensdato: 4. - 7. december 2015
- Re-exam
Eksamensdato: 22. - 25. januar 2016
Course information
- Language
- English
- Course code
- JJUA55008U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Autumn
- Schedule
- C2
- Continuing and further education
- Price
DKK 10.000
- Study board
- Law
Contracting department
- Law
Course responsibles
- Lin Adrian (10-6e6b70306366746b6370426c7774306d7730666d)
Lecturers
Ekstern lektor Anja Riis Tüchsen Hofgaard