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Lecturer(s)
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Holá Lenka, doc. PhDr. Ph.D.
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Madleňáková Lucia, JUDr. Ph.D.
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Course content
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1. Conflicts, ways of conflict resolution 2. Mediation, principles of mediation 3. Legal aspects of mediation 4. Possibilities of mediation 5. Communication techniques 6. The process of mediation 7. Participants of mediation, their role and relationships 8. Role and tasks of mediator 9. The process of mediation 10. The process of mediation 11. Ethical framework of mediation 12. System of mediation services provision
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming), Activating (Simulations, Games, Dramatization)
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Learning outcomes
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Course objectives: The aim of the course is to support and develop mediation knowledge and practical skills, to orient students in the main problems of combining law with informal dispute resolution and mediation in interdisciplinary cooperation. Students will be more comprehensively prepared for their own legal practice with the possibility of choosing the most appropriate procedure for solving the case. The course gives an overview of the possibilities of dispute resolution and creates a broader basis for effective performance of the profession. Students in real cases will analyze the dispute in terms of its nature and intensity. On the basis of the set criteria they select a case suitable for mediation and practically mediate in comedy with or under the supervision of the teacher. Evaluation of activities and development self-reflection will be an important part of the course. The subject assumes close cooperation with the Student Legal Advisory Center and regional mediation workplaces according to their specialization. By solving the conflicts of community members, the Mediation Clinic will contribute to fulfilling the third role of Palacký University as an actor in social development in the region. Knowledge objectives: Orientation of students in out-of-court dispute resolution methods and their possibilities, knowledge of mediation method, its principles, process, characteristics of relations, application areas of mediation, ethical aspects and legal conditions of its provision in the Czech Republic. Further, knowledge of aspects of conflict situation, identification of a case suitable for mediation according to established criteria and knowledge of advantages and limits of mediation in practical application. Skills Objectives: Students will be able to establish a respectful and trustworthy relationship with clients, to orientate in their conflict situation and to plan appropriate procedure in the application of mediation according to the subject of the dispute and the needs and interests of the parties. They will learn to structure the mediation process and to lead it using especially the techniques of active listening and negotiation. They will acquire the skills of self-reflection and responsive reflection of clients and their needs in solving conflict situations. The course will contribute to the personal and professional development of the student.
The student will acquire knowledge about conflicts and methods of their solution. They will become acquainted with what mediation is, how it is characterized, from which sources it comes from and on what principles it works. He / she will be able to establish a respectful and trustworthy relationship with clients, structure the mediation process and lead it using mainly active listening and negotiation techniques. They will have an overview of the areas of application of mediation. Students will connect theoretical knowledge with mediation performance skills, strengthen their communication skills and the ability of interdisciplinary and teamwork.
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Prerequisites
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The completion of this course is not conditioned upon completion of any other courses.
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Assessment methods and criteria
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Student performance
Students enrolled in the course are required to participate in all parts of the course with the fulfillment of assigned tasks. Candidates for the subject will be selected on the basis of an application with an indication of motivation and selection procedure. The subject is primarily of a skill nature. Practical performance of students will be the basic criterion for their evaluation.
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Recommended literature
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Doležalová, M., Hájková, Š., Potočková, D., Štandera, J. (2013). Zákon o mediaci. Komentář. Praha: C. H. Beck.
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Holá, L., Hrnčiříková, M. (2017). Mimosoudní metody řešení sporů. Praha: Leges.
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Holá, L. (2011). Mediace v teorii a praxi. Praha: Grada Publishing.
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Holá, L., Westphalová, L., Kováčová, A., Spáčil, O. (2014). Rodinná mediace v České republice. Praha: Leges.
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Horáček, T., Svatoš, M., Olík, M. (2019). Zákon o mediaci. Komentář. Praha: Wolters Kluwer.
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Cholenský, R. (2013). Praktický průvodce mediací: podle nové právní úpravy. Praha: Linde Praha.
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Kovach, K. K. (2010). Mediation in a nutshell. St. Paul, Minn: West, a Thomson Reuters business.
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Křivohlavý, J. (2008). Konflikty mezi lidmi. Praha: Portál.
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Patočková, D. (2013). Nejlepší je domluvit se, aneb, Průvodce mediačním procesem2013. Praha: Alfom.
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Plamínek, J. (2013). Mediace: nejúčinnější lék na konflikty. Praha: Grada.
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RISKIN, LEONARD L. Mediace aneb Jak řešit konflikty. 1. vyd. Praha: Pallata, 1997. ISBN: 80-901710-6-0.
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Šišková, T. (2012). Facilitativní mediace: řešení konfliktu prostřednictvím mediátora. Praha: Portál.
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