Nicole Grmelová
University of Economics, Prague, Faculty of International Relations, nám. W. Churchilla 4, 130 67 Praha 3, Czech Republic
DOI: https://doi.org/10.31410/EMAN.2019.129
3rd International Scientific Conference – EMAN 2019 – Economics and Management: How to Cope With Disrupted Times, Ljubljana – Slovenia, March 28, 2019, CONFERENCE PROCEEDINGS published by: Association of Economists and Managers of the Balkans, Belgrade, Serbia; Faculty of Management Koper, Slovenia; Doba Business School – Maribor, Slovenia; Integrated Business Faculty – Skopje, Macedonia; Faculty of Management – Zajecar, Serbia, ISBN 978-86-80194-17-2, ISSN 2683-4510
Abstract:
The Czech Republic is a country with a high rate of litigation and a low rate of awareness about alternative dispute resolution (ADR) mechanisms. One of the ADR methods, largely promoted by the European Commission, is mediation. Mediation can be either voluntary or mandated by a law court.
Citizens, businesses and judges alike are likely to make a wider use of mediation if they are familiar with how it works and take into account its holistic effects. Whereas a judgment delivered by a law court is likely to resolve a single dispute, a mediation processes can remedy a wide range of relations between business contacts in commercial issues, parents of children after divorce in family cases and neighbor nuisance to create a more amicable living environment in a community of people sharing a house. The aim of this paper is to introduce a new online study platform on mediation developed in the framework of an Erasmus+ strategic partnership of six EU Universities. The Online Study Mediation Platform is aimed at both teachers and students. It encourages its users to adopt an interactive approach towards teaching and learning mediation by engaging them in practicing mediation techniques and mock mediation in both, domestic and international settings on a variety of topics which may arise in day to day situations.The Online Study Mediation Platform provides for a set of useful tools which trigger a gradual development of negotiating techniques employed in mediation. It stresses the principles upon which the mediation process is based and makes reference to a number of other resources which can be used in class to balance theory and practice. One of the intellectual outputs offered by the online mediation platform consists in methodological guidelines for teaching mediation at Universities. Experience shows that teachers may be reluctant to teach mediation to their students if they lack quality background documents on how to approach and structure the teaching process. The methodological guidelines bridge these knowledge and experience gaps by proposing a clear, yet a flexible way of organizing an entire mediation course at a University level. The mediation toolbox also includes short theoretical videos, longer videos on mock mediation sessions on a number of topics, a best practices manual, assessment guidelines and most importantly, a platform to practice mock mediation online with University students across the entire Europe.
Keywords:
mediation, online study platform, teaching, ADR, negotiating techniques, methodological guidelines
REFERENCES
[1] European Commission (2018) The EU Justice Scoreboard, Communication from the Commission to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions, COM (2018) 364 final
[2] Deffains, B., Demougin, D., Desrieux, C. (2017) Choosing ADR or Litigation. International Review of Law and Economics, vol. 49, pp. 33-40.
[3] Engstrom, D.; Cornel, M. (2011), Striking the Hard Bargain: The Implementation of the EU Mediation Directive in Sweden, IBA Mediation Newsletter, pp. 22-24.
[4] Rone, D. et al. (2015) Mediation to Foster European Wide Settlement of Disputes. Ebook. Available at https://mediation.turiba.lv/index.php?id=42
[5] Alexander, N., Walsh, S., Svatoš, M. (2017) EU Mediation Law Handbook: Regulatory Robustness Ratings for Mediation Regimes. Alphen ann den Rijn: Wolters Kluwer.
[6] Nolan-Haley, J. M. (2012) Evolving Paths to Justice: Assessing the EU Directive on Mediation, Proceedings of the Sixth Annual Conference on International Arbitration and Mediation, Fordham University Law School, Martinus Nijhoff Publishers, Fordham Law Legal Studies Research Paper No. 1942391.
[7] Esplugues, C. A. (2014) Mediation in the EU after the Transposition of the Directive 2008/52/EC on Mediation in Civil and Commercial Matters, in Esplugues, C. (ed.), Civil and Commercial Mediation in Europe: Cross-Border Mediation Vol II. Cambridge: Intersentia, pp. 485-771.
[8] Cominelli, L. (2016) Training Young Lawyers in the European Mediation Framework: It’s Time to Devise a New Pedagogy for Conflict Management and Dispute Resolution, The Italian Law Journal, Vol. 2, Issue 1, pp. 163-176.
[9] Rone, D., Grmelová, N., Andreisová, L. (2019) Metodická příručka pro výuku mediace na vysokých školách. Praha: Troas.
[10] Schmidt, K., Brown, D. (2004) A Model to Integrate Online Teaching and Learning Tools Into the Classroom. The Journal of Technology Studies, Vol. 30, No. 2, pp. 86-92.
