Learning outcomes of the curricular unit

A significant aspect of lawyers’ work involves helping people resolve disputes. This program provides a general introduction to the theoretical and practical aspects of conflict and dispute resolution. It also seeks to describe and evaluate the processes of arbitration, conciliation, mediation and negotiation, with particular emphasis on the theory and practice of mediation. It finally aims to consolidate the theoretical knowledge in the field of negotiation and mediation, through its application to role-plays taken from Portuguese practice. At the end of the course, students should be able to identify the different methods of dispute resolution; know the theory of conflict, negotiation and mediation; understand the process of mediation from the preparation to the wording of the agreement; understand thertole of the mediator and the role of the lawyer in mediation; identify the different fields where mediation can be used.

Syllabus

1 - The Conflict
Attitudes to conflict: the avoidance of competition
Theory of conflict resolution: the key elements of the conflict; the Glasl’s scale.

2 - ADR Continuum
The different methods of conflict resolution: Avoidance, facilitation, negotiation, mediation, mini-trial, conciliation, external evaluation by an expert, hybrid systems, arbitration and judicial.

3 - Communication Skills
The importance of communication in the legal profession.
Communication skills: emotional management, questioning, paraphrasing and rewording, active listening, etc.

4 - Negotiation
Definition and types of negotiation
Basic notions of interested based negotiation
The 7 elements of preparing for a negotiation
The negotiation process

5 - Mediation
Theme 6 - Mediation legal framework
Theme 7 - Fields of mediation