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Киямова Камилла Mediation.ppt

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KAZAN NATIONAL RESEARCH TECHNOLOGICAL UNIVERSITY CONFLICT STUDIES DEPARTMENT Mediation as an alternative dispute resolution KAZAN NATIONAL RESEARCH TECHNOLOGICAL UNIVERSITY CONFLICT STUDIES DEPARTMENT Mediation as an alternative dispute resolution method tudent: Kamilla Kiyamova

Overview What is conflict? What is mediation? Core principles of mediation Stages of mediation Overview What is conflict? What is mediation? Core principles of mediation Stages of mediation What does it take to become a mediator? The main features and development trends of mediation in Russian Federation

What is conflict? • Social conflict is a struggle between opponents over values and What is conflict? • Social conflict is a struggle between opponents over values and claims to scarce status, power and resources. (Lewis Coser, The Functions of Social Conflict, 1956)

What is mediation? • Mediation is a process in which an impartial third party What is mediation? • Mediation is a process in which an impartial third party assists disputants in finding a mutually acceptable solution to their dispute.

Core principles of mediation ! Voluntary ! Neutral ! Confidential ! Equality Core principles of mediation ! Voluntary ! Neutral ! Confidential ! Equality

Stages of mediation Stage I – Pre-Mediation & Opening the Session • Stage II Stages of mediation Stage I – Pre-Mediation & Opening the Session • Stage II – Identification of Issues • Stage III – Generating Options and Problem-Solving • Stage IV – Agreement Writing and Post-Mediation

What does it take to become a mediator? • • • Supporting the people What does it take to become a mediator? • • • Supporting the people Controlling the process Solving the problem Specific skills to Mediation The ability to: • Earn and develop trust to maintain acceptability. • To convert parties’ positions into needs and interests. • Screen out those issues that can not be mediated. The ability to help disputants: • Invent creative options. • Identify principles and criteria that will guide their decision making. • Assess their non settlement alternatives. • Make their own informed choices. • Assess whether their agreement can be implemented.

The main features and development trends of mediation in Russian Federation • Federal Law The main features and development trends of mediation in Russian Federation • Federal Law on alternative procedure of dispute resolution with participation of a mediator (mediation procedure) is aimed at creating the legal conditions for developing alternative (non-jurisdictional) methods for settling disputes in the Russian Federation with participation of independent mediators.

Thank you for your attention! Thank you for your attention!