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Lecturer(s)
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Malacka Michal, JUDr. Mag. iur. Ph.D., MBA
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Bureš Pavel, JUDr. Ph.D.
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Course content
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Content (themes): " three core paradigms for dealing with conflict " legal vs. business perspectives on decision-making " the role of mediation in corporate dispute resolution systems " working effectively with attorneys in mediation " generating settlement options " confidentiality " using caucus effectively " how co-mediation adds value " mediator ethics and standards of practice " writing effective agreements " mediation agreement and meaningfulness " knowledge of conflict and methods of its constructive solution " mediator's ability to establish a respectful and trustworthy relationship with clients
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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International relations are imbued with the dynamics that result from different sort of international negotiations, within which mediation efforts are just one type of even more recurrent activities from the actors of the international system. The general goal of the course is to provide students with an overview of the theoretical and practical skills needed to engage in negotiations, at both the domestic and international level. The course guides the students through cutting edge debates within the field of international negotiation and mediation and introduces them to the challenges of practical aspects of negotiation through in-class simulations. This course will not only provide tools to critically analyze international conflict, but will also engage them in forecasting negotiation challenges, developing negotiation strategies, and executing them in simulating bargaining settings.
After completing the course on BUSINESS MEDIATION, students should be able to distinguish among different conflict resolution procedures, for B2B- as well as for workplace-conflicts. They should have familiarized themselves with sophisticated methods of ensuring understanding in conflict situations both from a conflict party- and from a third-party perspective. Students will learn how to elicit interests and formulate interest profiles in order to be able to generate more creative options in stalemate-situations. The class will also include theoretical discussions about the legitimacy of alternative dispute resolution from the point of view of legal philosophy and about the legal framework of conflict resolution measures.
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Prerequisites
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participation requires fluent English
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Assessment methods and criteria
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Oral exam
An active participation in seminars and a written final test is required to obtain the credit. A colloquium with a practical focus is required to complete the subject.
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Recommended literature
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Cinnie Noble. Conflict Management Coaching: The Cinergy? Model.
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David Straker. Rapid Problem-Solving with Post-it? Notes.
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Doreen Cronin, illustrated by Betsy Lewin. Click, Clack, Moo: Cows That Type.
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ed. Molly Klapper, J.D., Ph.D. Definitive Creative Impasse-Breaking Techniques in Mediation.
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Jennifer E. Beer and Caroline C. Packard with Eileen Stief. The Mediator's Handbook, 4th edition.
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Jennifer K. Robbennolt and Jean R. Sternlight. Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making.
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Patricia Ryan Madson. Improv Wisdom: Don't Prepare, Just Show Up.
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Robert Poynton, illustrated by Gary Hirsch. Everything's an Offer: How to do more with less.
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Rupert Ross. Dancing with a Ghost: Exploring Aboriginal Reality.
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Twyla Tharp. The Collaborative Habit: Life Lessons for Working Together.
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