Ce cours apparaît dans les formations suivantes :
• IÉSEG > MSc in International Business Negotiation (MNG) > Semestre 2 > 2,00 ECTS

Pré requis

Basic mediation theory and skills

Objectifs du cours

- Apply meditian skills in conflict situations

- Generate the parties’ issues, interests and needs as well as effectively work with creativity prior to negotiating solutions.

- Differentiate between different styles of mediation and critically asses their differences and similarities.

- Understand the role of lawyers and others who attend the mediation session with the parties and be able to include them in the mediation process.

- Effectively use separate meetings when they are appropriate.

Contenu du cours

This course continues the students' prior introduction to mediation theory and practice and to negotiation. We will focus on getting to the parties’ issues, interests and needs in the early part of the mediation session and work with generating options for solutions later in the mediation session. We will also pay attention to representatives in mediation and the use of separate meetings. Finally, we will critically assess central themes in mediation theory as well as practice such as justice, representatives and different mediation models. The class addresses mediation in business relations and and in the workplace. Students will improve their practical mediation skills as well as their analytical skills through presentations of selected theory, discussions and role plays. Learning will be based on reflection over practice and theory, and students will be expected to read the required readings prior to class and participate actively in class.

Modalités d'enseignement

Organisation du cours

Méthodes pédagogiques

• Case study
• Interactive class

Évaluation

Participation 40 %, final exam 60 %

Bibliographie

• Vindeløv, Vibeke. Reflexive Mediation. Copenhagen: DJØF Publishing, 2012, pp. 19-56, 157-169, 206-216 and 333-338. (must read) -

• Stipanowich, Thomas J.and J. Ryan Lamare , Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations, Pepperdine University School of Law Legal Studies Research Paper Series Paper Numbe -

• Adrian, Lin, and Solfrid Mykland. "Creativity in Court-Connected Mediation: Myth or Reality?." Negotiation Journal 30.4 (2014): 421-439. (must read) -

• Bollen, Katalien, and Martin Euwema. "Workplace Mediation: An Underdeveloped Research Area." Negotiation Journal 29.3 (2013): 329-353. (must read) -

• Love, Lela O., and Joseph B. Stulberg, The Uses of Mediation, in Schneider, Andrea Kupfer, and Christopher Honeyman, eds. "The negotiator's fieldbook." American Bar Association, 2006, p. 573 – 579. (must read) -