Open Educational Resources- TRAINING PROGRAMME
MODULE 1: Alternative Dispute Resolution (ADR) Legal Framework & Mediator’s Responsibility
Topics of video-lessons
- General Overview on ADR and ADR Law
- EU Initiative: 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
Module 1- watch video-lessons:
Inmediate E-Learning Module 1 Lesson 1: Alternative Dispute Resolution (ADR) M1L1
E-Learning Module 1 Lesson 2: Alternative Dispute Resolution (ADR) InMediate M1L2
E-Learning Module 1 Lesson 3: Alternative Dispute Resolution (ADR) Inmediate M1L3
Self-study
Resources: Journal Articles, Textbooks, Legal Texts, Case Studies
Group Discussion
Asynchronous and facilitated by the instructor through “provoking” questions
Learning outcomes
Participants will demonstrate knowledge and understanding of the EU Legal Framework on ADR and Mediation.
Duration
April 1 – April 15, 2022
MODULE 2: Mediation styles and Code of conduct
Topics of video-lessons:
- Code of conduct and ethical standards
- Mediation styles
Module 2- watch video-lessons:
E-Learning Module 2 Lesson 1: Mediation Styles and Code of Conduct M2L1
E-Learning Module 2 Lesson 2: Mediation Styles and Code of Conduct
Self-study
Resources: Journal Articles, Textbooks, Case Studies, national and transnational codes of conduct
Guiding questions for self-study and preparation for group work will be provided.
Group work
- work in sub-groups
- guiding questions for discussion will be provided
- analysis of case studies and practical issues
Learning outcomes
Participants will develop an understanding of ethical standards in mediation and different mediation styles. Participants will be aware of the principles they adopt in their practice.
Duration
April 16 – April 30, 2022
MODULE 3: Culture and Communication
Topics of video-lessons
- Culture as a resource - understanding identity vis a vis Social Scripts (effects of gender, age, hierarchy, background, culturally shaped expectations towards the work of the mediator, etc.)
- Considering cultural stereotypes and taboos: how to manage them, intercultural dimensions, derivations for mediation
- Perception and the culturally sensitive mediator
- Curious communication – hearing what is said and unsaid
- Cultural Mediation models
Module 3- watch video-lessons:
E-Learning Module 3 Lesson 1: Culture and Communication - Inmediate M3L1
E-Learning Module 3 Lesson 2: Culture and Communication Inmediate M3L2
E-Learning Module 3 Lesson 3: Culture and Communication Inmediate M3L3
E-Learning Module 3 Lesson 4: Culture and CommunicationInmediate M3L4
E-Learning Module 3 Lesson 5: Culture and Communication InMediate M3L5
Self-study
Resources:
- Typical stereotypes of cultures and nationalities, articles from Nadja Alexander (Kluwer) and Mikk
- The 6-D model of national culture (Geert Hofstede)
- Rapport: The 4 Ways to Read People (Alison & Alison)
- The Culture Map (Erin Meyer)
- Conflict Across Cultures: a unique experience of bridging differences (LeBaron & Pillay)
Group Work
- 6 groups of 6 members each
- Guiding questions will be provided
- Half-standardised discussion with minimum supervision of trainers
- Topic will be set according to the module
Learning outcomes
Participants will learn to recognize and deal with cultural stereotypes and how to work with the knowledge in mediations and conflict management. Participants will develop deeper self-awareness as related to culture and communication.
Duration
May 1 – May 15, 2022
MODULE 4: Conflict Analysis
Topics of video-lessons
- 9 Stages of conflict escalation – Friedrich Glasl
- Stakeholder analysis including intercultural aspects and developing a tool for conflict analysis; working with hypothesis
Module 4- watch video-lessons:
E-Learning Module 4 Lesson 1: Conflict Analysis: Basic Concepts & Analytical Methods 1/3
E-Learning Module 4 Lesson 2: Tools to Conduct Conflict Analysis
E-Learning Module 4 Lesson 3: Learning & Practising CA
Self-study
Resources: Material from Mikk and Friedrich Glasl.
Group Work
- 6 groups of 6 members each
- Guiding questions will provided
- Half-standardised discussion with minimum supervision of trainers
- Topic will be set according to the module
Learning outcomes
Participants will analyse conflict assessment in intercultural settings and learn to conduct stakeholder analysis.
Duration
May 16 – May 30, 2022
MODULE 5: Negotiation
Topics of video-lessons
- Cooperative Negotiation:
- Triangle of Interest / satisfaction
- BATNA: Concepts of William Ury
- 3-Dimensional Negotiation by David Lax and James Sebenius
- Manipulation and Untruthfulness in Negotation: how does a Mediatior go about it?
- Transculturalism
Module 5- watch video-lessons:
E-Learning Module 5 Lesson 1: Negotiation techniques-Basics of communication and perception M5L1
E-Learning Module 5 Lesson 2: Negotiation techniques- Basic condition of negotiations- M5L2
E-Learning Module 5 Lesson 4: Different Negotiation techniques. M5L4
E-Learning Module 5 Lesson 5: International Negotiation- M5L5
E-Learning Module 5 Lesson 6: Why Negotiations (often) fail- M5L6
Self-study
Resources:
- Material sourced from Mikk, Game Theory for cultural dilemmas (Elionor Ostrom)
- BATNA learning resources, Asynchronous Negotiation, distributive vs. integrative negotiation (4 hours)
Group Discussion
- Inter-cultural dimensions or cultural aspects in Negotiations AND /OR Manipulation and Deceit in Negotiations (2 hours)
- 6 groups of 6 members each
- Guiding questions will provided
- Half-standardised discussion with minimum supervision of trainers
Learning outcomes
Participants will learn/revisit negotiation literature, exchange ideas on intercultural dimensions and touch upon the issue of manipulative negotiators.
Duration
May 31 – June 14, 2022
MODULE 6: Mediation Stages
Topics of video-lessons
4-stage mediation process:
- Opening
- Exploration
- Negotiation
- Conclusion
Module 6- watch video-lessons:
E-Learning Module 6 Lesson 1: The Pre-Mediation Phase- M6L1
E-Learning Module 6 Lesson 4: The Negotiation and closing session-M6L4
Self-study
Resources: Journal Articles, Textbooks, Case Studies
Group Work
- Online mock mediations with peer evaluation and instructor’s feedback
- Case scenarios provided by the instructor
- Students will video record mediation sessions and share them in the group discussion
Learning outcomes
Participants will acquire practical knowledge of a four-stage mediation process.
Duration
June 15 – June 29, 2022
MODULE 7: Mediation Techniques
Topics of video-lessons
- Reflexivity in mediation
- Initial phases of mediation
- Specific techniques in the mediation process
Module 7- watch video-lessons:
E-Learning Module 7 Lesson 1: Mediation Techniques InMediate-M7L1
E-Learning Module 7 Lesson 2: Mediation Techniques InMediate-M7L2
E-Learning Module 7 Lesson 3: Mediation Techniques InMediate-M7L3
Self-study
Resources: Journal Articles, Textbooks, Case Studies
Guiding questions for self-study and preparation for group work will be provided.
Group work
- work in sub-groups
- guiding questions for discussion will be provided
- analysis of case studies and practical issues
Learning outcomes
Participants will have the knowledge and skills to apply a broad set of mediation techniques in an international context. Participants will develop reflexivity in relation to the techniques that they apply.
Duration
June 30 – July 14, 2022
MODULE 8: Co-mediation
Topics of video-lessons
- Developing collaboration between mediators
- Personal and cultural compatibility in co-mediation
- Models of cooperation and organizing co-mediation
Module 8- watch video-lessons:
E-Learning Module 8 Lesson 2: Co-Mediation- Personal and cultural compatibility- InMediate M8L2
E-Learning Module 8 Lesson 3: Model of cooperation and organizing Co-Mediation InMediate M8L3
Self-study
Resources: Journal Articles, Textbooks, Case Studies
Guiding questions for self-study and preparation for group work will be provided.
Group work
- work in sub-groups
- guiding questions for discussion will be provided
- analysis of case studies and practical issues
Learning outcomes
Participants will gain knowledge concerning specific issues related to international co-mediation. Participants will be able to cooperate with other mediators for the benefit of the mediation process.
Duration
July 15 – July 29, 2022
MODULE 9: Online Dispute Resolution (ODR)
Topics of video-lessons
- General Overview of ODR
- ODR modalities: Asynchronous vs. Synchronous and types of ODR
- Online Mediation Skills
- Online Mediation Platforms
Module 9- watch video-lessons:
E-Learning Module 9 Lesson 1: Online Dispute Resolution Inmediate-M9L1
E-Learning Module 9 Lesson 2: Main forms of Online Dispute Resolution Inmediate-M9L2
E-Learning Module 9 Lesson 3: Online Mediation-M9L3
Self-study
Resources: Journal Articles, Textbooks, Case Studies.
Group Work
Practical simulations using online mediation platforms.
Learning outcomes
Participants will develop an understanding of ODR and become familiar with applications designed for online mediation.
Duration
July 30 – Aug 13, 2022
Disclaimer
The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
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