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EM7604

Aspects and Dynamics of Conflict Mediation

Semester 1 - September-December 2019 - Tuesday, 7-10pm

This module focuses on the acquisition of conflict resolution skills with a particular

focus on mediation. The central ideas behind mediation will be introduced as well as

different models. Practical mediation skills focusing on facilitative and

transformative mediation models will be introduced and practiced with reference to

workplace and community contexts.

Learning Outcomes:

On successful completion of this module students should be able to:

Identify models of mediation and the principles that underpin them.

Comprehend the transformative and facilitative models of mediation

Demonstrate basic mediation skills

Relate conflict analysis theories to resolving conflicts

ECTS value: 15 credits

Web based sources for this module can be found on TCD’s Blackboard.

Module coordinator – Penny McRedmond – pmcredmo@tcd.ie

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CDRS Module EM7604

Aspects and Dynamics of Conflict Mediation

Tuesday evenings 7-10pm, ISE/Loyola Building

Week 1: 10th September: Introduction to Mediation PMcR

Week 2: 17th September: Fundamentals of Mediation 1 PMcR

Week 3: 24th September: Fundamentals of Mediation 2 PMcR

Week 4: 1st October: Models of Mediation PMcR

Week 5: 8th October: Mediation and the Law PMcR

Week 6: 15th October: The Mediation Act 2017 PMcR

Week 7: Reading Week: No classes

Week 8: 29th October: Mediation and Confidentiality PMcR

Week 9: 5th November: Mediation and Justice PMcR

Week 10: 12th November: Transformative Mediation and Dialogue Skills YA-ER

Week 11: 19th November: Transformative Mediation and Dialogue Skills YA-ER

Week 12: 26th November: Transformative Mediation and Dialogue Skills YA-ER

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EM7604 - Lecturer Profiles

Dr Yaser Alashqar is an adjunct Assistant Professor in the International Peace Studies MPhil programme at ISE/TCD. Born in Gaza, he completed his PhD in civil society and the Israeli-Palestinian conflict at Trinity College. His areas of research and teaching include civil society, Middle Eastern issues in international relations, politics of the Middle East, mediation, peace-building, conflict analysis, comparative peace processes in Northern Ireland and Palestine, Gaza and the Israeli-Palestinian conflict. Alongside his academic engagement, he works as a trainer and facilitator with the Glencree Centre for Reconciliation in Ireland.

E-mail: alashqay@tcd.ie

Penny McRedmond is a UK and US lawyer and certified mediator. She works as an independent researcher and writer, specifically in the field of human rights. She has extensive lecturing and training experience and is author of Mediation Law (Bloomsbury 2018). Email: pmcredmo@tcd.ie

Eamon Rafter has been working as Education Development and Training Officer at Glencree since 2005. He has a background in adult education and training and his role involves making the learning of the organization available to diverse groups, through structured and informal education programmes. He has a strong commitment to transformative learning for peace and sustainability.

Recommended Text Book:

Jennifer Beer and Caroline Packard (2013) 'The Mediators' Handbook: revised and expanded 4th edition', New Society Publishers (also available as e-book)

Harvard Negotiation Project DVD available for use in Berkley Library on counter reserve - shelfmark MUL A 2271

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General Reading List

Other readings will be suggested by lecturers and/or available on TCD Blackboard

Agustí-Panareda, Jordi. "Power Imbalances in Mediation: Questioning Some Common Assumptions." Dispute Resolution Journal 59, no. 2 (2004): 24-31. Business Source Complete.

Alexander, Nadja. "The mediation metamodel: Understanding practice." Conflict Resolution Quarterly 26, no. 1 (Fall 2008): 97-123. doi:10.1002/crq.225.

Bevan, A., Hollebron, G., Bromfield, L. Mediation: A Practical Guide. Thorogood, 2014.

Bjerknes, Daniel and Kristine Paranica. "Training Emotionally Intelligence for Conflict Resolution Practitioners." Mediate.com (July 2002) http://mediate.com/articles/bjerknes.cfm.

Bush, Robert A. Baruch and Joseph P. Folger. The Promise of Mediation: Responding to Conflict through Empowerment and Recognition. 1st ed. San Francisco, CA: Jossey-Bass, 1994.

———. The Promise of Mediation: The Transformative Approach to Conflict. 2nd ed. San Francisco: Jossey-Bass, 2005.

Della Noce, Dorothy. "Evaluative Mediation: In Search of Practice Competencies." Conflict Resolution Quarterly 27, no. 2 (2009) doi:10.1002/crq.255.

DeMarr, Beverly and de Janasz, Suzanne. Negotiation and Dispute Resolution, Boston: Prentice Hall, 2014.

Domenici, Kathy and Stephen W. Littlejohn. Mediation: Empowerment in Conflict Management Prospect Heights, IL: Waveland Press, 2001.

Field, Rachael. "Neutrality and Power: Myths and Realities." (2002) http://www.mediate.com/articles/fieldR.cfm#12.

Fisher, Roger and Ury, William. Getting to Yes: Negotiating an Agreement without Giving In, London, Random House, 1st Edn. 2012.

Folger, Joseph P. and Robert A. Baruch Bush (eds). Designing Mediation: Approaches to Training and Practice within a Transformative Framework. New York: Institute for the Study of Conflict Transformation, 2001.

Folger, Joseph P., Poole, Marshall Scott and Stutman, Randall (2013) Working Through Conflict: Strategies for Relationships, Groups and Organizations, Boston, MA ; London: Pearson.

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Furlong, Gary T. The Conflict Resolution Toolbox: Models and Maps for Analyzing, Diagnosing, and Resolving Conflict. San Francisco: Jossey-Bass, 2005.

Georgakopoulos, A. (ed.) The Mediation Handbook: Research, Theory and Practice. NY: Routledge, 2017

Herrman, Margaret S., ed. The Blackwell Handbook of Mediation: Bridging Theory, Research, and Practice. Malden, MA: Blackwell Publishing, 2006.

Jones, Tricia S & Ross Brinkert. Conflict Coaching: Conflict Management Skills and Strategies for the Individual. Thousand Oaks, CA: Sage, 2007.

Mayer, Bernard S. Beyond Neutrality: Confronting the Crisis in Conflict Resolution, San Francisco, Jossey-Bass, 2004.

McRedmond, P. Mediation Law, London: Bloomsbury Professional, 2018.

Menkel-Meadow, C. Mediation: Theory, Policy and Practice. London: Routledge, 2017.

Menkel-Meadow, Carrie. "The Many Ways of Mediation: The Transformation of Traditions, Ideologies, Paradigms, and Practices." Negotiation Journal 11 (1995): 217-41. doi:10.1111/j.1571-9979.1995.tb00065.x .

Moore, Christopher W. The Mediation Process: Practical Strategies for Resolving Conflict, San Francisco, Jossey-Bass, 3rd Edn. 2003.

Noone, Michael. Mediation. London: Cavendish Publishing Ltd, 1996.

Putnum, Linda. "Challenging the Assumptions of Traditional Approaches to Negotiation." 10, no. 4 (October 1994): 337-45. doi:10.1007/BF02185683.

Ramsbotham, Oliver, Tom Woodhouse and Hugh Miall. Contemporary Conflict Resolution. Cambridge: Polity Press,4th Edition 2016.

Rau, Alan Scott, Edward F Sherman, & Scott R. Peppet. Processes of Dispute Resolution: The Role of Lawyers. 4th ed. Westbury, NY: Foundation Press, 2006.

Schneider, Carl. "What It Means to Be Sorry: The Power of Apology in Mediation." Mediation Quarterly 17, no. 3 (2000) doi:10.1002/crq.3900170305.

Schwarz, Roger M. (2002). The Skilled Facilitator: A Comprehensive Resource for Consultants, Facilitators, Managers, Trainers, and Coaches. 2nd ed. San Francisco: Jossey-Bass.

Schwarz, Roger M.; Anne Davidson; Peg Carlson; and Sue McKinney. The Skilled Facilitator Fieldbook: Tips, Tools, and Tested Methods for Consultants, Facilitators, Managers, Trainers, and Coaches. San Francisco: Jossey-Bass, 2005.

Taylor, Alison. "Concepts of Neutrality in Family Mediation: Contexts, Ethics, Influence." Conflict Resolution Quarterly 14, no. 3 (1997): 215-36. doi:10.1002/crq.3900140306.

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Waldman, Ellen. Mediation Ethics, San Francisco, Jossey-Bass, 2011.

Wallensteen, Peter. Understanding Conflict Resolution, London: Sage, 2012.

Wanis-St. John, Anthony. "Thinking Globally and Acting Locally." Negotiation Journal 19, no. 4 (2003): 389-396 doi:10.1111/j.1571-9979.2003.tb00794.x.

Whatling, Tony. Mediation Skills and strategies: A Practical Guide, London: Jessica Kingsley, 2012.

Winslade, J. and Monk, G. Narrative Mediation – A New Approach to Conflict Resolution. Jossey-Bass, 2000.

Winslade, J. Narrative Mediation in the Workplace/with Couples – videos available as electronic resources in TCD library. Alexander Street Press, 2011.

Useful Websites

Association for Conflict Resolution - www.acrnet.org

Equality Tribunal (Mediation Section) http://www.equalitytribunal.ie/Mediation/

Irish Commercial Mediation Association (ICMA) – http://www.icma.ie

Institute for the Study of Conflict Transformation –http://www.hofstralawit.org/transformativemediation/

Mediate.com – www.mediate.com

Mediators Beyond Borders – www.mediatorsbeyondborders.org

Mediators Institute of Ireland – www.themii.ie

SICA-FICA (international arbitration/mediation foundation based in the Hague) – http://www.sica-fica.org/

Twin Cities Mediation for audio and video links about transformative mediation) http://twincitiesmediation.com/

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Conflict and Dispute Resolution Studies

EM7603

Processes and Skills for Moving Beyond Conflict

Semester 2 (Jan-April 2020)

NB Tuesdays (7pm-10pm) and Saturdays (9.30am-5pm)

This module focuses on the acquisition of conflict resolution skills, with

particular focus on facilitative mediation. The theory behind this method of ADR

will be examined and there will be opportunities to acquire and practice skills.

Learning Outcomes:

On successful completion of this module students should be able to:

Discuss the differences between prevailing processes of remedy and redress

Analyse the relationship between mediation, justice and legal redress

Acquire the skills necessary to conduct each stage of a facilitative mediation

Conduct a facilitative mediation

Undertake filmed role plays for TCD and MII assessment purposes

ECTS: 15 credits

Please Note: This module runs over four Saturdays and four Tuesday evenings

Additional Material will be available on blackboard.

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Key text is Jennifer Beer and Caroline Packard (2013) 'The Mediators' Handbook: revised and expanded 4th edition', New Society Publishers (available as e-book)

Assessment is by way of a filmed mediator opening statement and role play in February 2020 and submission of a 4000 word reflective learning log in August 2020

Module coordinator – Penny McRedmond – pmcredmo@tcd.ie

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EM7603

Processes and Skills for Moving Beyond Conflict

Lecture Schedule

Week 1: Tuesday 21st January: Preparation for TCD mediation assessments

PMcR

Week 1: Tuesday 28th January: Preparation for TCD mediation assessments

PMcR

Week 3: Tuesday 4th February: TCD mediation assessments

PMcR

Week 4: Tuesday 11th February: TCD mediation assessments

PMcR

Saturday 1st February: Facilitative mediation skills

MR-FS

Saturday 29th February: Facilitative mediation skills

MR-FS

Saturday 4th April: Facilitative mediation skills

MR-FS

Saturday 25th April: Facilitative mediation skills

MR-FS

Optional MII assessments will be scheduled on Saturday 8th, Sunday 9th

and Saturday 15th May 2020 (Sunday 16th held in reserve)(Dates to be finally

confirmed in Semester 2)

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Penny McRedmond is a UK and US lawyer and certified mediator. She works as

an independent researcher and writer, specifically in the field of human rights.

She has extensive lecturing and training experience and is author of Mediation

Law (2018).

Email: pmcredmo@tcd.ie

Margaret Ramsey is a practitioner member of the Mediators Institute of Ireland

(the MII) with a particular interest and expertise in workplace mediation. She

has a Masters in Mediation and Conflict Resolution from NUIM and many years

senior management experience in HR.

Frances Stephenson has been an accredited MII Mediator since 2005 with

experience of helping people in conflict situations in places of work, within

families and with couples separating. Frances was one of the first Irish mediators

trained in Elder Mediation with Canadian expert - Judy McCann-Beranger in

2010. Frances has a background in training and group facilitation in small,

medium and large organisations.

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Conflict and Dispute Resolution Studies

EM7605

Semester 2 (Jan-April 2020) Thursdays 12th March-9th April

This module focuses on introducing students to a broader spectrum of

Alternative Dispute Resolution mechanisms, complementing and contrasting

with the emphasis on mediation as an ADR mechanism in the CDRS programme.

This module covers ADR theory with particular emphasis on Restorative Justice,

Ombudsmanship and Arbitration.

Learning Outcomes:

On successful completion of this module students should be able to:

Understand the theoretical bases of Alternative Dispute Resolution

Discuss the advantages and disadvantages of a range of ADR approaches

Identify the most appropriate ADR mechanism

Acquire knowledge of Restorative Justice, Ombudsmanship and Arbitration

Apply knowledge and skills acquired to present arguments for and against differing ADR mechanisms in specific contexts

ECTS Value: 5 credits

Additional Material will be available on blackboard.

Key Text: A Practical Approach to ADR, Blake, Susan; Browne et al, London, OUP, 5th Edition, 2018.

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Assessment is by way of submission of a Seminar Report

Module coordinator – Penny McRedmond – e-mail: pmcredmo@tcd.ie

Week 8: 12th March: ADR: An Overview

PM

cR

Week 9: 19th March: Restorative Justice-Theory and Practice NC

Week 10: 26th March: Restorative Justice-Theory and Practice NC

Week 11: 2nd April: Arbitration and Ombudsmanship

PMcR

Week 12: 9th April: Seminar on ADR PMcR

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EM7605 Lecturer Profiles

Penny McRedmond is a UK and US lawyer and certified mediator. She works as an independent researcher and writer, specifically in the field of human rights. She has extensive lecturing and training experience and is the author of Mediation Law, Bloomsbury, 2018. Email: pmcredmo@tcd.ie

Niamh Cunningham is an Organisational and Workplace Mediator and also a case worker for the Restorative Justice Service, mediating cases between Victims and Offenders. With a strong background in workplace conflict she has worked as an Industrial Relations Official and an Equality Officer representing both Public Service and Public Sector employees at both national and European level.

Useful material:

ADR

Law Reform Commission (2010) Report: ADR, Mediation and Conciliation, Dublin http://www.lawreform.ie/_fileupload/reports/r98adr.pdf

Ombudsman’s Office in Ireland

Ombudsman Office in Ireland - https://www.ombudsman.ie/

The Children’s Ombudsman - https://www.oco.ie/

Financial Services and Pensions Ombudsman - https://www.fspo.ie/

Press Ombudsman - http://www.presscouncil.ie/office-of-the-press-ombudsman-164

Restorative Justice

Irish Youth Justice Service http://www.iyjs.ie/en/IYJS/Pages/WP08000064

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National Commission on Restorative Justice (2008) Report http://www.justice.ie/en/JELR/RestorativeJustive%20LR.pdf/Files/RestorativeJustive%20LR.pdf

Arbitration

European Court of Arbitration

http://cour-europe-arbitrage.org/content.php?lang=en&delegation=1&id=1

Further suggested readings will be posted to blackboard or suggested by lecturers. A sample of useful books available in TCD Library

Blake, S. et al (2012) A Practical Approach to Alternative Dispute Resolution, Oxford: OUP

Corvette, B. & Budjac, A. (2014) Conflict Management: A Practical Guide to Developing Negotiation Strategies, Pearson Education.

Davidson, F. (2012) Arbitration, W.Green publishers

Gavrielides, T. (2015) Restorative Justice. London: Ashgate

Hoyle, C. (2010) Restorative Justice: Critical Concepts in Criminology, London: Routledge

Jeong, Ho-Won (2009) Conflict Management and Resolution: An Introduction, NY: Routledge

Johnstone, G. (2011) Restorative Justice: Ideas, Values, Debates, London: Routledge

Lederach, J-P. (2003) The Little Book of Conflict Transformation. Good Books.

Roach, S. et al (2014) The Oxford Handbook of Conflict Management in Organizations, OUP

Scott, V. (2010) Conflict Resolution at Work for Dummies, London: Wiley

Stewart, E. (2004) Arbitration: Commentary and Sources, Dublin: Firstlaw

Van den Berg, J. (2012) Arbitration: The Next Fifty Years. Geneva.

Zehr, H. (2002) The Little Book of Restorative Justice, Kihei: Good Books

A sample of electronic Journals available through TCD library

Arbitration

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Conflict and Society

Conflict Resolution Quarterly

Conflict Management

Journal of Conflict Resolution

Negotiation and Conflict Management Research

Restorative Justice

The International Journal of Conflict Management