From Negotiation until Mediation - Managing Differences

3 ECTS / Semester-long / Portuguese

Learning outcomes of the curricular unit

At the end of 15 hours students will be able to:

1 Understand the conflicts rationally, rather than react to them.
2 Establish a mental map that facilitates the use of communication techniques
3 Differentiate positional negotiation and interest-based negotiation – the way from litigation towards collaboration.
4 Identify the advantages and disadvantages of each of these forms of negotiation
5 Demonstrate, at a basic level, the skills required to negotiate and mediate.
Students will have the opportunity to participate in "role-plays" using these processes.
6 Identify the ethical principles underlying the non-adversary forms of dispute resolution
7 Describe, at a basic level, the preparation that an attorney needs to do in order to be prepared to participate with a client in a mediation process.

 

Syllabus

  1. Fundamental knowledge - the nature of conflict
  2. The role of communication in conflict resolution
  3. The legal relationship and the interpersonal relation
  4. Basics of negotiation by interests. Mediation process and the different stages - based on English (ADR) and Australian (LEADR) models.
  5. The lawyer's role in the mediation process
  6. "Role Play" of a mediation agreement until the settlement.
  7. Different mediation "role-play" followed by debate.

Faculty

Invited Lecturer
Licenciatura em Direito pela Universidade Autónoma de Lisboa. Mestrado em Direito pela Universidade Autónoma de Lisboa. Mediadora Certificada em Resolução…