About Mediation Programs in Ukraine

Pecularities about the program in Ukraine

An important step in the development of the Master's Program in Mediation program was to study the legal bases for the introduction of professional mediators in Ukraine. If mediation was officially separate specialty in Ukraine, the beginning of training such professionals would require the procedure of compulsory licensing of mediators under the laws of Ukraine. However, according to the Decree of the Cabinet of Ministers of Ukraine of April 29, 2015 No. 266 “On approving the list of branches of knowledge and specialties for which higher education applicants are trained”, there is no such specialty according to the legislation of Ukraine. Therefore, it is impossible to license the start of the preparation of mediators in Ukraine.

According to the National Classifier of Ukraine: "Classifier of professions" DK 003:2010, code 2442.2. there is only a professional title for the work “Conflict Regulation and Mediation Specialist in the Social and Political Sphere”.

 

The documentation, prepared on Master Degree in Mediation (MDP) includes the following elements:

1. Preamble;

2. General characteristics of the educational program;

3. The structure and content of the MDP:

- purpose and task of the educational program;

- a description of the subject area of the program;

- content of professional theoretical training under the program (development of work programs of educational courses);

- content of Master's internship (practice);

- list of integral, general and special competencies of the graduate of the program;

- the normative content of the training of persons enrolled in the program, formulated in terms of the learning outcomes;

- forms of certification of higher education applicants for the program;

4. Conditions for admission to the program and recognition of learning outcomes;

5. Requirements for the teaching staff of MDP “Mediation”;

6. Principles of teaching and learning under the program;

7. Educational environment and material resources, educational, methodological and informational support of the program implementation;

8. Internal quality assurance of program development and implementation;

9. The development of MDP Mediation covers the following practical steps:

  • Description of the purpose of the program and the final results of training;

  • Determination of general and special competencies of the graduate of the program;

  • Development of training modules (training courses);

  • Determination of teaching methods;

  • Defining learning approaches and assessment methods;

  • Development of work programs of educational courses;

  • Development of a system of evaluation of the quality of the educational program in order to improve it;

  • Developing requirements for practical training of professional mediators;

  • Development of information support of MDP in “Mediation”;

  • Development of presentation training materials for the MDP “Mediation”;

  • Requirements for the transparency and publicity of the program;

  • Requirements for ongoing monitoring and periodic review of the program;

  • Requirements for cyclic external evaluation of program quality assurance;

List of regulations on which the program is based.

KROK

Master Degree program in Mediation and Conflict Management at «KROK» University was developed within the period December 2018 - October 2019 on the basis of learning of EU experience received during management visit of NLBA by representatives of «KROK» University in December 2018, study visits 1, 2 that took place in Breda, Netherlands in February 2020, during Skype meetings among representatives of «KROK» University and NLBA and other EU experts, organized regularly. Master Degree Program was developed mainly on the basis of NLBA program, with contributions of best practices and materials of Turiba University and UCAM. Learning and exchanging of experience between Ukrainian HEIs was also valuable. KROK representatives visited CHNU, learnt and used their experience - Ivan Balykin, member of the Working Group MEDIATS project of «KROK» University made a working visit to CHNU on May 29, 2019. «KROK» University used developments of Karazin University in the project TRADIR. Program at «KROK» University was developed by experts of Law, Psychology, Management departments and KROK Business School. Recognized experts in Mediation, trained in the frameworks of other EU projects in Mediation also actively contributed to the program development. Therefore the program of «KROK» University is a combination of multi-aspect knowledge, practices and experience of EU and non-EU experts in Mediation. After development, MDP in Mediation was assessed by Dutch experts, recommendations were provided. The Program was launched in December 2019. It is noteworthy to mention that the Program was updated and improved after the Training 1, Training 2 – new teaching methods, informational materials were introduced.  «KROK» University prepared the documentation and the report indicating their readiness to implement the program.

 

Program goals:

The Master Degree in Mediation and Conflict Management is intended to meet the need of the society and business community in the qualitative training of professionals in mediation and conflict management. Professionals in mediation are to provide services in the areas of civil, commercial, economic, family law and business, in the field of intellectual property, land and environmental disputes and to train researchers in this area.

 

Philosophy of the program:

The Master Program in Mediation and Conflict Management is based on three basic postulates:

1. Mediation and conflict management is a construct that mediator will study and solve applying a peaceful means without bringing the case to a court trial. The main purpose of mediation is to reach an agreement on all issues by implementing a win-win strategy for the stakeholders;

2. Mediation and management of conflicts are strongly rooted in the development of the ability of individuals to purposeful communication, assessment of situations, reflection of both facts and feelings, as well as adaptation of style to the realities of this conflict situation;

3. The ability of the mediator to resolve the conflict and the transition to a common solution is a skill that enhances personal, family, organizational and social benefit;

4. A mediator is an emotionally safe container with a high stage of development of consciousness that is able to demonstrate the lack of emotional involvement while working with all parties of conflict.

 

Professional competencies:

• Ability to prevent and solve conflicts, manage them by identifying risk factors that cause and preserve conflict situations;

• Ability to develop strategies and apply mediation techniques to prevent and manage conflict situations in a variety of environments, including in organizations, communities and families;

• Ability to develop strategies and apply mediation methods to prevent and manage conflict situations in commercial and business conditions;

• Ability to use appropriate methods and procedures for mediation and intervention research;

• Understanding the different areas of mediation (community, school, family, intercultural, work, criminal, medical, commercial, business, international, environmental and online, among other things) and their specific characteristics (type of conflict, access to information and access to mediation, requirements and conditions of work, legal framework, subjects, etc;

• Ability to identify new contexts, open up new markets and disseminate information about mediation to potential users;

• Ability to develop research, use mediation research methods, prepare projects and protocols, create new concepts and develop innovative mediation methods;

• Ability to communicate and communicate knowledge about mediation in a wider society;

• Ability to promote mediation and to prove the value of the mediation process to all stakeholders;

• Ability to plan and manage the mediation process;

• Ability to promote group dialogue, decision-making and negotiation.

 

List of courses of Master Degree Program at KROK

Introduction to mediation. History of mediation – 3 ECTS

Methodology and organization of research in the field of mediation – 3 ECTS

The concept of mediation. Alternative ways to resolve conflicts. Mediation process: stages and basic principles, procedures – 3 ECTS

Models and approaches in mediation – 3 ECTS

Normative regulation of mediation. International mediation standards. Ethical standards. – 3 ECTS

Theory and practice of mediation  – 3 ECTS

Psychological bases of conflictology: theory, typology of conflicts, diagnostics – 3 ECTS

Skills and strategies for intervention and conflict resolution - effective communication (dialogue, negotiation) – 3 ECTS

Conflict resolution: litigation and arbitration – 3 ECTS

Emotional competence and components of productive interaction – 3 ECTS

Strategy and tactics negotiation, communication practices and negotiation techniques – 3 ECTS

Visual psychodiagnosis / Psychology of deception and manipulation – 3 ECTS

Coaching in mediation – 3 ECTS

The basics of facilitation - tools, methods – 3 ECTS

Disciplines of choice

1 Judicial mediation

2 Mediation in economic disputes

– 5 ECTS

1 Mediation in the field of intellectual property

2 Mediation in labor disputes (Disputes in the field of labor relations)

– 4 ECTS

Mediation in civil disputes.

 Mediation in family disputes involving children.

– 5 ECTS

1 Business Mediation

2 International Commercial Arbitration

– 5 ECTS

1 Mediation in land disputes.

2 Mediation in ecological disputes.

– 5 ECTS

Practice – 13 ECTS

Diploma – 12 ECTS

 

 

KKNU

Master program in Karazin Business School “Management: Mediation” is developed according to the Master program in Mediation in Netherlands Business Academy.

The study plan and  curriculum is adapted to the legislation of Ukraine on higher education. The total program will be 90 ECTS, which consists of Compulsory Educational Disciplines and Selected Disciplines.

It is noteworthy to mention that KKNU involves the person, who is now actively participates in legislative activities Volodymyr Rodchenko, participant of the project in KHNU, will be the lecturer of the program, is member of the working group, participant of the round table in the Verkhovna Rada of Ukraine Committee on Legal Policy "Implementation of Mediation in Ukraine: Legislative Regulation and European Experience". His work is MONITORING OF CIVIL AND COMMERCIAL PROCEDURAL CODES – MEDIATION–STAGE 1 - COMPONENT 1

Courses:

Global problems of the present – 3 ECTS

Methodology and organization of scientific research - 3 ECTS

Management of Organizations - 5 ECTS

Strategic Management - 5 ECTS

Corporative Management - 5 ECTS

Financial Management - 5 ECTS

Information Systems and Technologies in Management 3 ECTS

Change Management 3 ECTS

Project and Program Management 3 ECTS

Pre-diploma practice 5 ECTS

Master thesis 8 ECTS

Selection Block: Mediation

The main disciplines, which has been developed:

Social Psychology 5 ECTS

Systematic approach in Mediation 4 ECTS

Systematic approach in Mediation 5 ECTS

Business mediation and negotiations 5 ECTS

Mediation in HR Management 3 ECTS

Personality analysis in Mediation 3 ECTS

Coaching 3 ECTS

Multicultural Mediation 3 ECTS

Selfmanagement & coaching 4 ECTS

Multimethod Mediation 3 ECTS

Total: 28 ECTS

 

CHNU

In accordance with the recommendations of the Grant Agreement with Annexes (see page 75), graduates of the Bachelor of Law program were selected as the main contingent for the selection of students in the Master's Program in Mediation. After all, they are the most obvious candidates. The project team appealed to EU Program “PRAVO-JUSTICE” to conduct an external examination of the quality of the Bachelor of Law educational program at Yuriy Fedkovych Chernivtsi National University. This expertise is based on the European criteria for evaluating the quality of educational programs and conducting external audits. The EU program “PRAVO-JUSTICE” granted the application of the project team and instructed to conduct this examination to Vilnius University (Lithuania). An expert opinion was prepared during the period March-June 2019. The conclusion was positive.

 

According to the current legislation of Ukraine, the project team proposed to the Academic Council of the University (according to the Law of Ukraine “On Higher Education” this is its competence) to adopt a decision to introduce a Profile specialized educational and professional program of Mediators in Yuriy Fedkovych Chernivtsi National University within the framework of educational-professional (Master's) program of the field of knowledge 08 Law of specialty 081 Law as master's specialization. The Academic Council of the University approved the proposal.

The Master's Degree Program in Law was licensed at the University in 2016 and provides 42.5 ECTS credits for the special training of students. This amount PSEPP “Mediation” in ECTS credits for the first year of piloting educational programs.

The development of the PSEPP “Mediation” was started with the development based on the study of the European experience “Systems of internal quality assurance of development and piloting of the Profile specialized educational and professional program of training of mediators within the framework of educational-professional (Master's) program of the field of knowledge 08 Law of specialty 081 Law and “Principles and Procedures for Developing and Implementing a Profile Specialized Educational and Professional Mediator Training Program within the framework of educational-professional (Master's) program of the field of knowledge 08 Law of specialty 081 Law”.

During the first half of June 2019 the University Academic Council's Committee on Educational Work and Educational Programs examined the Mediation PSEPP and recommended it for consideration by the Academic Council of the University.

The program was enforced by the decision of the Academic Council of the University of June 24, 2019, Protocol No. 7.

The rector of the University Professor Roman Petryshyn approved the program by order No. 206 of June 26, 2019.

 

Content module 1.

Strategy of Mediation Negotiation

Concept of mediation negotiation strategy.

Types of mediation negotiation strategies and types of mediators.

Criteria for choosing a mediation negotiation strategy.

Implementation of mediation strategies.

Scenarios of mediation development depending on the chosen strategy.

 

Content module 2.

Tactics of Mediation Negotiation

Concept of tactics of mediation negotiations.

Types of tactics of mediation negotiations.

Tactics of alternate listening to the participants of the conflict.

Directive action in the tactics of mediation negotiations.

Operation as a tactic of mediator action.

 

PSEPP “Mediation” is completely innovative for the CHNU - both in the subject of education and future professional activities, and in the methodology and methodic of preparing students for it. The development of the program began in February 2019, and piloting - in September 2019 in the amount of 43,5 ECTS credits, distributed between eight academic disciplines and relevant production practice.

Since February 2020, professional theoretical training for the program provides for the provision of the worldview, methodological, professional and methodic components of the professional skills of the future mediator in full volume - 60 ECTS credits. It occurs when students study the following ten academic disciplines provided by the program: Mediation as a value; Legal nature of mediation; Psychological and ethical basics of mediation; Strategy and tactics of mediation negotiations; Mediation in public law disputes; Mediation in family disputes; Business mediation; Restorative justice; Mediation in lawyer’s activity; Coaching. For the mastery of each of the aforementioned academic disciplines, 3 ECTS credits are allocated.

The first two disciplines of the above-mentioned academic courses for the program are its highlight, make it unique and recognizable among other similar educational programs. The eight following disciplines are paradigmically close to the same disciplines of educational programs on mediation of partner universities and other European universities. This paves the way for student academic mobility policies and practices.

Another 30 ECTS credits are provided for productive practice of students in the educational program. This will allow students to consolidate their theoretical knowledge, as well as the primary practical skills acquired in the learning process and skills for future professional activities as a mediator. Master's productive practice is provided in accordance with the Regulation on the implementation of training and productive practices of students of CHNU.

In case of full implementation of the program, a person receives a master's degree in law in the specialization “Mediation”, as well as a certificate of “Professional mediator”.

The level of preparedness achieved in mid-March 2020 of the work programs of the following academic disciplines: Legal nature of mediation; Psychological and ethical aspects of mediation; Strategy and tactics of mediation negotiations; Mediation in public law disputes; Mediation in family disputes; Business mediation; makes up 70-75 percent, and work programs in such academic disciplines as: Mediation as a value; Restorative justice; Mediation in lawyer’s activity; Coaching is 60-65 percent. Especially active and purposeful work is going on to bring them to the required level.