Practices, Techniques and Skils of Dispute Settlement
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
40 | 160 | 8 |
Study programme and level | Study field | Academic year | Semester |
Alternative Dispute Resolution, 2. degree – M.A. | Law, Social sciences | First | Second |
Course Type
Elective
Lectures | Seminar | Tutorial | Individ. work | ECTS | |
40 | 160 | 8 |
Lecturer
prof. dr. Alan Uzelac
Language
English
Prerequisites
Content (Syllabus outline)
– Techniques and skills in dispute resolution (from dialogue to negotiation)
– Emotions in conflicts (hatred, anger, defiance, piqued, contempt, humiliation, rejection)
– How to deal with emotions and reacting to strong feelings of others
– Dialogue and active listening
– How to set up a dialogue after a long conflict, where many people have been affected and have lost loved ones
– Behavioral patterns
– Balance of power
– Techniques that are important for the settlement of all disputes: active listening, asking the right questions, reframing, delusion,
– Techniques, when more parties are involved in the dispute (preparation, to lay down the rules of conversation, who leads the conversation)
– Negotiations (“one on one”)
– Separate the person from the dispute (difference between being and doing)
– Search for common interests
– Objectification the essential facts in the dispute
– The difference between resolving the dispute without a neutral third party and with the help of a neutral third party
Study Literature
Milivojević Z., Emocije, prevod Igor M. Ravnik in Slavica Ravnik, Novi Sad, Psihopolis 2010
Ristin G., Hajtnik Z. in soavtorji: (Mediacija v teoriji in praksi, DMS, Ljubljana 2011.
Fisher, R., Ury, W.: Kako doseči dogovor, GV, Zbirka Menager, Prevod Tina Česen, Ljubljana, 1998.
Golann, D.: Mediation Legal Disputes, ABA Section of Dispute Resolution, 2009.
Objectives and competences
Students will understand:
– What is dialogue, dispute settlement rules,
– the difference between a dispute of individuals and groups
– the techniques of dispute resolution applicable to all disputes
– some of the basic techniques and skills
Intended learning outcomes
Students will be able to use the techniques in role plays and will practice how people feel in the dispute. Students will understand how and when to apply techniques in real disputes, and will get the knowledge to manage disputes.
Students will understand the difference between disputes among two individuals, among groups and nations.
Learning and teaching methods
- Frontal instructions
Teaching methods:
- analysis of video (process of mediation)
- role playes
Assessment
- written exam 30 %
- oral exam (role playes) 70 %
Lecturer’s references
Born in Zagreb on June 15, 1963
Graduate studies: Zagreb University
(Croatia), Johannes Gutenberg University, Mainz (Germany). Graduated from University of Zagreb – Faculty of Philosophy (B.A. degrees in philosophy and comparative literature) and Faculty of Law (dipl. iur. degree in 1988).
Postgraduate studies: Zagreb University, University of Vienna, Austria (Visiting Fellow, 1992, 1995), Harvard Law School, USA (Fulbright Visiting Researcher, 1996).
Postgraduate degrees received from Zagreb University – Master of Laws, 1992 and Doctor of Laws, 1999. Dr. Uzelac was engaged in drafting of a number of documents in his home country and international bodies.
In Croatia he was the principal drafter or engaged in the drafting of the following acts: Law on Courts; Law on State Judicial Council; Arbitration Law; Conciliation Law; Court Rule Book; Legal Aid Act.
He was also member of the national Commission for the Administration of the Internet national top-level domain (.hr) and author of the Rules for DNS Arbitral Dispute Resolution regarding .hr domain names