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Training Program "Play in Order to Win" for the
institutions of higher education of Ukraine"
The
materials are approved in the Directorate for Youth of the
Council of Europe at the certificate program "Training
of the Trainers", Budapest
Reviewers
Chair of Common Law Subjects, Crimea Law Institute of National
University of Interior,
Chair of Social Management and Law, Kharkov Social and Economic
Institute,
N. F. Osipova, Doctor of Philosophy
V. V. Konoplyov, Candidate of Psychology
A. I. Andrushtchenko, Candidate of Philosophy
L. I. Surovskaya, Candidate of Law
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| Partnership
with Canadian Human Rights Foundation, Montreal, Canada - Certification
Training Program |
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A.
Cherepukhin "Play in Order to Win. Trainings of Constructive
Negotiation Interaction" Practical aids for institutions of
higher education . - 2003. - 350 pages
Contents
Part one
NATURE OF ALTERNATIVE
DISPUTE RESOLUTION SYSTEM (ADR)
Chapter I. Conception of Disputes' Nature and Means
of their Resolution 6
§ 1. Historical Preconditions of the Origins of the Dispute Resolution
Theories 6
§ 2. Peculiarity of Conflict Relations 8
§ 3. The Dispute Sources 11
§ 4. Dispute Resolution 17
§ 5. Main Kinds of Disputes Resolved
by the ADR System 18
Chapter II. General Definition
of Alternative Dispute Resolution 23
§ 1. Definition of Conception
and Method of the ADR System 23
§ 2. Methods of the ADR System 24
§ 3. Negotiation and Arbitration Directions
of the ADR System 26
§ 4. Social and Legal Description of the ADR System and its Role
in Building the Civil Society 27
§ 5. Practice the Principles
of Consensus and Dialogue 29
§ 6. Development of the International ADR Standards
in the XX Century 30
§ 7. Social and Legal ADR Motivation 32
§ 8. Social Values of the ADR Institution and their Influence on
the Negotiation Process 34
Chapter III. Alternative Dispute Resolution System within the Frames
of legal Regulations 37
§ 1. Constitutional and Legislative Foundations
of Building the ADR System in the Ukrainian Society 37
§ 2. Prospects for the Judicial System of Ukraine under Implementation
of the ADR System 42
Chapter IV. Principles of Alternative Dispute
Resolution System 47
§ 1. Meaning of the ADR System Principles 47
§ 2. Description of the ADR System Principles
and Correlation of the the Principles of Civil Law
and Civil Proceedings 48
§ 3. Comparative Description
of the Branch Principles of the Civil Proceedings
and ADR System 49
Part two
DIRECTIONS OF ALTERNATIVE
DISPUTE RESOLUTION SYSTEM
Chapter I. Negotiation Direction of ADR System 60
§ 1. Negotiation Processes based
on the Mutual Integration Techics 60
§ 2. Main Provisions of the Negotiation
Direction of ADR 61
§ 3. Basic Opportunities of the Negotiation Procedure 63
§ 4. Importance of Legal Facts
in the Negotiation Process 65
Chapter II. Negotiation 69
§ 1. Definition of a Negotiation Process 69
§ 2. Stages of a Negotiation Process 72
§ 3. Social and Legal Aspects of Correlation
of the Parties' Equality and Equal Rights
in the Negotiation Process 75
Chapter III. Mediation 79
§ 1. Mediation in Non-judicial Dispute Resolution 79
§ 2. Stages of Mediation 82
§ 3. Mediation at the Judicial System of Ukraine 86
§ 4. General Standards of a Mediator's Professional
Activity (Practical References) 91
Chapter
IV. Facilitation 108
§ 1. Facilitation as a Means of Achievment of the Group Consensus
108
§ 2. Stages of Facilitation 111
§
3. Technics of Brainstorming in the Facilitation Process 114
Chapter V. Arbitration 117
§ 1. The Definition and Meaning of Arbitration 117
§ 2. Stages of Arbitration 123
§ 3. International Commercial Arbitration 125
§ 4. Arbitration at the Dispute Resolution between the Natural Persons
129
§ 5. Use of Arbitration in the Judicial System of the USA 131
Chapter VI. Other Methods of the ADR System 136
§ 1. Shuttle Diplomacy 136
§ 2. Fact-finding 136
§ 3. Appraisal 137
§ 4. Consulting 138
§ 5. Restorative Justice 139
§ 6. Med-arb Technics 142
§ 7. Mini-trials 144|
RULES OF CONDUCTING
THE MEDIATION PROCEDURE
Preface 150
Part I. General provisions 153
Chapter 1. Main Provisions 153
Chapter 2. Demands Placed on a Mediator 157
Chapter 3. Authority and Responsibility of a Mediator 157
Chapter 4. Occasion of Conducting
the Mediation Procedure 158
Chapter 5. Time, Place and Terms of Conducting the Mediation Procedure
158
Chapter 6. The Parties' Expenses on Conducting the Mediation Procedure
159
Part II. Persons Taking Part in the Dispute at Conducting Mediation,
their Rights and Duties 161
Chapter 7. General Provisions 161
Chapter 8. The Parties 162
Chapter 9. The Third Sides 164
Chapter 10. Representation in Mediation 165
Part III. Preparation and Conducting the Mediation Procedure 170
Chapter 11. Bringing Mediation 170
Chapter 12. Responsibility of an Organization
Coordinating the Mediation Process 171
Chapter 13. Coordination of the Mediation Process 172
Chapter 14. Conducting the Mediation Procedure 174
Chapter 15. Order of Appraisal 176
Chapter 16. Agreement between the Parties Concluded at the Mediation
Process 177
Chapter 17. Special Conditions Excluding Mediation 178
APPENDIX
Appendix # 1.
Guarantee for the Parties in Force-majeure Sitiation During the
Action Period of Agreements and their Settlement by the ADR Methods
180
Appendix# 2
The Mini-trial Model according to the Version
of American Arbitration Association (ÀÀÀ) 182
TRAININGS
Chapter One
Principles and Methodological Objectives of Curriculum
§
1 Training Structure
§ 2 Methods and Approaches of Interactive Training
§ 3 Stages of Group Development at Playing Process
§ 4 Analyses and Evaluation of Training Results
Chapter
Two
Preparatory Techniques and Exercises
Learn
More about Each Other
Skills of Non-verbal Communication
Perception of Voice Factors
Technique of Active Listening
Technique of Paraphrasing
Technique of Brainstorming
Common Traditions and Rituals
"Do We Rule our Thoughts and Wishes or are We Ruled by Them?"
Chapter
Three
Playing Negotiation
Work
out Negotiation Rules
Storytelling
"Anchors"
Great Council
Letters of Hope
Live Scales
Methods of Screening - Difference and Identity of Perception of
Negotiation Factors (Facts, Statistics, Arguments and other).
Working Whole Agreement-oriented System out of Many Versions
Define Your Best Alternative to Negotiated Agreement (BATNA)
Strict Negotiation or Negotiation Aichi-do
"How Can We Meet Together?" (Role Play)
Chapter
Four
Technical Skills of Mediation
Work
out Rules of Mediation
Advantages and Disadvantages of Mediation Process
Initiating Mediation
Case Preparation for Mediation
Choice of Ground for Mediation
Conflict of Interests or "Why I cannot be a Mediator in This
Dispute"
Mediator's Opening Speech
Demonstration and Training of Skills of Professional Mediator's
Behaviour
Practical
Mediation
Section 1. Initiating Process
Section 2. Separate Meetings
Section 3. Search for Accordance
Section 4. Work with Interests
Section 5. Work out Variants of Resolution of Points at Issue and
Building Agreement
Section 6. Reaching Accordance between Parties on Dispute Subject
Matter or its Part and Working out Agreement
Chapter
Five
Other Techniques of Alternative Dispute Resolution
Two
Poles (Group Facilitation)
Planning Activity by Co-operation (Certification Exercise)
Fact-finding
Restorative Justice
Med-Arb Techniques
Mini-trials
SITUATION
CASES
#
1. About Harm and Use of Medicines
# 2. Agreement of Lifelong Allowance
# 3. Discrimination according to Nationality?
# 4. About Life on Ancestors' Land
# 5. Is the Strongest to Survive?
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