The course introduces students to proven tools that present a constructive and amicable approach to resolving conflict situations. It aims to help students acquire the basic application frameworks of methods such as negotiation, conciliation, mediation procedures, and similar approaches. The course responds to needs arising from the nature of their future professional practice. The techniques, together with their methodological and legal frameworks, will be explained and adapted to this context so that graduates are better prepared both for conflicts between clients and for conflicts that may arise between themselves and their clients. The course introduces the basic paradigms of conflict resolution and perspectives on dispute resolution within dispute resolution systems. It familiarizes students with procedures for creating the preconditions necessary for possible dispute settlement. It emphasizes aspects of trust and confidentiality of information, including ethics and professional standards of the work of an independent third party. Attention is also paid to the nature and meaningfulness of agreements, as well as to the ability to structure and manage the conflict resolution process. Lecture topics 1. Theoretical foundations of alternative dispute resolution methods; interdisciplinary approach; clarification of terminology; subject of resolution (dispute vs. conflict, characteristics) 2. Types and characteristics of alternative methods of dispute and conflict resolution 3. Negotiation ? sources, development, principles, characteristics 4. Mediation ? sources, development, principles, characteristics; mediation models; legal framework 5. Arbitration ? sources, development, characteristics; arbitrability; types of arbitration; legal framework 6. Perspectives on the use of methods and procedures applied in alternative dispute resolution 7. Concept of legal regulation and legal consequences of alternative dispute resolution ? summary 8. Ethics of the mediator?s work Seminar topics 1. Social, legal, psychological, and ethical aspects of alternative dispute resolution; types of conflicts; stages of conflict development 2. Types of alternative dispute resolution methods ? overview and characteristics; selecting an appropriate dispute resolution method 3. Negotiation ? phases, areas of application, experience in the Czech Republic and abroad 4. Mediation ? participants, phases, mediation outcomes, areas and forms of use, experience in the Czech Republic and abroad 5. Arbitration ? arbitration process, the arbitrator, arbitration agreement, areas of application, experience in the Czech Republic and abroad 6. Alternative processes, participants, cooperating entities, practice in the Czech Republic and abroad 7. Systems of practical application of alternative dispute resolution methods in practice and their legal implications
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The goal of the course is to enable students to recognize and expand their own potential for core competencies, i.e., the characteristics, motives, attitudes, knowledge, and skills of friendly and appropriate dispute identification and resolution practices, and to teach them how to use these resources to achieve effective performance as an independent third party or involved in their own conflict situation, with an emphasis on conciliatory and mediation techniques in business dealings. To familiarize them with what ADR is in terms of applied methods and out-of-court dispute resolution, what the processes are and what characterizes their regime. In an experiential way, to let them try out in model situations the different roles in settling disputes and crisis situations and to experience the process in which a party to a conflict becomes a co-creator of an agreement.
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