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