TRAINING PROGRAMME

DESCRIPTION OF MODULE 1

The goal of this module is to provide participants with knowledge and understanding of the EU regulatory system for Alternative Dispute Resolution and gain familiarity with the main EU legal initiatives aimed at promoting the use of out-of-court mechanisms to resolve cross-border civil and commercial disputes.

WHAT YOU WILL LEARN IN MODULE 1

• Knowledge and understanding of the EU Legal Framework on ADR and Mediation
• EU legislative measures aimed at improving access to the civil justice system and promoting the use of ADR in cross-border civil and commercial disputes
• Review the following EU legal initiatives on ADR:
  • Directive 2008/52/EC on Mediation in Civil and Commercial matters
  • Directive 2013/11/EU on ADR in Consumer Disputes
  • Regulation 524/2013 on ODR for Consumer Disputes
  • Regulation 1150/2019 art. 12 & 13

DESCRIPTION OF MODULE 2

The module refers to general standards of mediation practice as stated in the European Code of Conduct for Mediators and similar documents as well as mediation styles that mediators might find useful in their practice. The module consists of two lessons. The first lesson focuses on ethical standards in mediation, taking into account rules and frames on the individual, organizational, national and European level. The second lesson concentrates on differences in mediation styles or models of practice, including evaluative, facilitative and transformative approach.

WHAT YOU WILL LEARN IN MODULE 2

• What are the general principles and standards of mediation practice
• What the European Code of Conduct for Mediators is about (in general)
• What the European Code of Conduct for Mediation Providers is about (in general) 
• What drives our practice: strategic choice, mediation model and individual style
• Differences in mediation styles or models of practice
• Facilitative mediation style
• Evaluative mediation style
• Transformative mediation style
• Professional development

DESCRIPTION OF MODULE 3

Our cultural backgrounds provide us with a sense of identity and belonging, and ultimately shape the lens’ through which we see the world.  Culture is subject to change throughout our lives and influences the ways we send and receive communication.  Deepening awareness of our values, beliefs and perceptions; and investigating how these link to our environment, strengthens our ability as mediation practitioners and serves to benefit parties in conflict in myriad ways.

Mediating across cultures requires a varied toolkit, which recognises diversity and appreciates nuance.  Curiosity will be our guide as together we extend our understanding of ourselves and the people we seek to support through mediation.

WHAT YOU WILL LEARN IN MODULE 3

• Explore where we are coming from as practitioners
• Introduce prevailing cultural theories and relevant case studies
• Explore the significant impact various communication methods have upon the mediation process
• Consider our professional responsibilities as mediators working across cultures and borders
• Identify resources for use in our practice going forward

DESCRIPTION OF MODULE 4

Each conflict is unique in its form and character and a sound analysis of the nature of the conflict is essential for finding a resolution. This module will start with the basic concepts and definitions of conflict analysis. The reason for conducting a conflict analysis and the various steps involved will be described.  In the next lesson, participants will become acquainted with tools to conduct conflict analysis. Here the significance of asking questions, the categories of questions and the order of asking questions will be described. Participants will also benefit from new concepts of viewing the conflict in this section.

Finally, a narrative about ‘Killing the Play’ by author A C Whelan will sum up the lesson.

WHAT YOU WILL LEARN IN MODULE 4

• Concepts and definitions of conflict analysis
• Steps in a conflict analysis
• Structure of a conflict analysis
• Significance of asking questions
• Approaches to conflict analysis

DESCRIPTION OF MODULE 5

Negotiation is a vital part of any dispute resolution mechanism. A mediator should also have the right techniques to conduct a negotiation, in order to bring clarity of the individual needs and cooperation between the parties on a negotiation table. In this module, essential skills required for a successful negotiation are discussed. The importance of communication and perception development, basics of negotiation, different negotiating styles and the aspects of international negotiations are explained.

WHAT YOU WILL LEARN IN MODULE 5

• Significance of communication and perception
• Basic conditions of negotiation
• Foundations for a successful negotiation
• Various negotiation styles
• Aspects of international negotiations
• Hindrances to a successful negotiation

DESCRIPTION OF MODULE 6

This module provides participants with an overview of the mediation process and its main stages, with a particular emphasis on the cultural and legal issues involved in cross-border mediation.

WHAT YOU WILL LEARN IN MODULE 6

• Participants will review a 4-stage mediation process designed to facilitate cross-border disputes
• Participants will be able to demonstrate competence in mediation, the ability to differentiate various mediation stages and understand the importance of the preparatory phase in cross-border commercial disputes
• The module will help students reflect on and evaluate the impact cultural influences may have on mediation in cross-border disputes

DESCRIPTION OF MODULE7

The module refers to techniques that mediators might find useful in international practice. It consists of three lessons. The first lesson focuses on reflexivity in mediation, taking into account assumptions and cultural lenses. The second lesson concentrates on the initial phases of mediation (including preparation) and varying expectations as well as ways of communicating and working with culturally diverse parties. The third lesson focuses on some specific techniques useful throughout the mediation process, including clarification, identifying vicious circles and working with the value square model.

WHAT YOU WILL LEARN IN MODULE 7

• What are cultural lenses and how they influence mediation

• How assumptions and attributions impact on the mediation process

• Why do we need reflexivity

• How to use positive connotation and build trust in mediation

• How to communicate and conduct mediation with people from diverse cultural backgrounds

• A set of techniques that can be applied in mediation practice – including clarification, identifying vicious circles, working with the value square model and meta-dialogue

DESCRIPTION OF MODULE 8

The module refers to the process of establishing creative cooperation between co-mediators.

In the first lesson we will look at a natural dynamic of cooperation which is irrespective of the mediators’ competence and personality. In the next lesson we will try to show how the potential of co-mediation depends on the complementary professional competences of the mediators, as well as the compatibility of their personal characteristics. In the third one we will focus on practical aspects of establishing cooperation between co-mediators.

WHAT YOU WILL LEARN IN MODULE 8

• What are the natural stages of cooperation development

• What elements are important in choosing a co-mediator to work with

• How to develop a contract for cooperation between the mediators

• Spectrum of different roles that mediators can adopt in their collaboration

• How to give feedback taking into account cultural differences

DESCRIPTION OF MODULE 9

The goal of this module is to provide participants with a general overview of online dispute resolution, specifically e-negotiation, online arbitration, and online mediation. In this module, we will also discuss the advantages and disadvantages of using video-conferencing platforms for online mediation and offer some tips for preparing and conducting mediation in a virtual space.

WHAT YOU WILL LEARN IN MODULE 9

• You will develop an understanding of Online Dispute Resolution and its modalities
• You will learn about E-Negotiation, Online Mediation, and Online Arbitration
• You will become familiar with applications designed for online mediation and acquire some skills for preparing and conducting a mediation using a video-conferencing platform