An important step in the development of the Programs in Mediation 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 Program in Mediation (MDP) includes the following elements:

 1. Preamble;

 2. General characteristics of the educational program (Program description);

 3. The structure and content of the MDP:

  - purpose and task of the educational program;

  - a description of the subject area of the program;

  - study plan and curriculum;

  - content of professional theoretical training under the program, syllabuses (educational courses description);

  - description and requirements for internship (practice);

  - description of evaluation of knowledges and skills;

  - 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;

 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

Internship – 13 ECTS

Diploma – 12 ECTS

 

KKNU

To ensure the implementation of the program, the following steps were performed:
1. Within the project, 6 teachers of the program passed the training on mediation and received certificates of the level of "International Mediator" and "International Chancellor of Mediation". In particular, 5 teachers (Volodymyr Rodchenko, Olena Parkhomenko, Viktor Savchenko, Inna Neskrodieva and Kateryna Andreieva) learned the basics of mediation during a comprehensive training (250 hours) at Turiba University (Riga, Latvia) and the Catholic University of San Antonio (Murcia, Spain) in December 2019-January 2020. Another lecturer received a certificate of International Mediator after a two-week study at the Netherlands Business Academy (Dordrecht, Netherlands) in November 2021.
2. The project team studied in detail the mediation curricula of European universities (in particular, Nethelands Business Academy, Liverpool John Moores University, Universidad Internacional de Valencia, Tampere University) and decided to use the Nethelands Busines Academy master's program as it is more correlated with the educational trajectory of students of Karazin university.
3. During 2020-2022, 2 groups of students were enrolled to the master's program, the first graduation took place in January 2022. Students from each group underwent internships on a project in Spain or the Netherlands in the fall of 2021. 2 graduates of the program received certificates of International Mediators, one of them also became a member of the National Association of Mediators of Ukraine.
4. The program was prepared for evaluation by experts from the Netherlands, as a result of which, the program received a positive evaluation result.
5. Appropriate material (premises, equipment) and educational-methodical (work programs, distance courses, lecture materials, practical tasks) provision were also prepared for the implementation of the program.
6. In order to attract students to the program in 2020 and 2021, an appropriate advertising campaign was prepared and conducted, including promotional videos, posts on social networks and direct meetings with entrants during public mediation events or open doors days.

 

Link with the project results:

http://kbs.karazin.ua/programs/education/17

 

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 consists of 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 KKNU, 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.

 

 A Master's program in Mediation has been developed and implemented within the specialty 081 Law:

• from 01.09.2019 - as a specialization of the Specialty 081 Law (42.5 ECTS credits). The specialization was chosen and completed by 14 people (described above);

• from 01.09.2020 - as a separate educational and professional program “Mediation” within the Specialty 081 Law (90 ECTS credits).

https://law.chnu.edu.ua/wp-content/uploads/mediation/opp-mediatsiia-2020.pdf

EPP “Mediation” is student-centric, and corresponds to the European values of the Project.

In 2021, 15 people entered and graduated from the EPP at the expense of the budget. The competition was 4.6 people for one place;

c) In April 2021, EPP “Mediation” was updated as a result of taking into account the master's industry standard in 081 Law, which was introduced on 01.09.2020 and made this program valid by the Academic Council of the University from 01.09.2021.

https://law.chnu.edu.ua/wp-content/uploads/mediation/opp-mediatsiia-2021.pdf

Updated information about the Program

The educational and professional program "Mediation" for the preparation of applicants for the second (master's) level of higher education in the specialty 081 Law is developed in accordance with the requirements of the Laws of Ukraine "On Higher Education" and "On Education", as well as the industry standard of higher education in specialty 081 of the Master's) level of higher education , approved by the order of Acting Minister of the Ministry of Education and Science of Ukraine S. Shkarlet No. 1053 dated 17.08.2020  The program corresponds to the second (master's) level of higher education and the seventh qualification level beyond the National Qualifications Framework.    

 

The aim of EPP “Mediation” is to form in applicants for higher legal education the second (master's) level of fundamental worldview training, sufficient theoretical, professional knowledge, practical skills, and abilities to solve traditionally and using alternative methods, especially mediation, disputes, ability to resolve any legal enforcement and/or learning objectives that involve research and/or innovation and are characterized by uncertain conditions and requirements.  Applicants for this level of law must be fully prepared to defend human rights and fundamental freedoms, constitutional values, the rule of law, and are committed to the principles of human morality and professional dignity, justice, equality, impartiality, independence, empathy and high ethical standards.        

List of courses:

 

Rule of Law: Methodology of Interpretation and Application – 5 ECTS

European Convention on Human Rights and Fundamental Freedoms: Methodology of Interpretation and Application – 5 ECTS

Alternative Dispute Resolution Tools – 5 ECTS

Professional responsibility of a lawyer-mediator – 3 ECTS

Public law: methodology of interpretation and application – 5 ECTS

Mediation as a value – 5 ECTS

Private law: methodology of interpretation and application – 5 ECTS

Criminal justice – 5 ECTS

Practice – 30 ECTS

Coaching – 3 ECTS

Legal nature of mediation – 3 ECTS

Psychological and ethical principles of mediation – 3 ECTS

Mediation in family disputes – 3 ECTS

International Commercial Arbitration – 3 ECTS

Mediation in land disputes – 3 ECTS

On-line dispute resolution – 3 ECTS

Culture of dialogue – 3 ECTS

Negotiation – 3 ECTS

Arbitration proceedings – 3 ECTS

Mediation in public-law disputes – 3 ECTS

Business-mediation – 3 ECTS

Mediation in the activities of a lawyer – 3 ECTS

Mediation in the activities of a notary – 3 ECTS

Mediation in fiscal disputes – 3 ECTS

Restorative justice – 3 ECTS

Mediation in labor disputes – 3 ECTS.

Practice – 30 ECTS

All information about the Program and project results you can find on our website: 

https://law.chnu.edu.ua/mediats/

Documentation on Mediation Program (WP 2.1.) https://drive.google.com/drive/folders/18DDNhjpPhqjB3zFfZ1Rwqw5fsrXE54RI?usp=sharing

​

​