From September 1, 2020, the master’s standard of higher education of Ukraine, specialty 081 Law, came into force. Its special competence №8 provides for the acquisition of the ability to use mediation and other legal instruments of alternative out-of-court consideration and resolution of legal disputes by persons studying in the master’s educational program in the specialty of Law.
Somewhat earlier, I already noted that the need to include such special competence of students in master’s educational programs was justified and lobbied by the project group of the Yuriy Fedkovych Chernivtsi National University, participating from the university in the implementation of the Grant Project “Mediation: Training and Society Transformation” of the EU ERASMUS + Program : KA 2: CBHE.
After the official entry into force of the master’s sectoral standard in the specialty 081 Law, it became necessary to ensure the acquisition of the above competence not only by persons studying in the educational program “Mediation” within the specialty of Law, but also by all other persons studying in the magistracy in the specialty Law.
In this regard, for the first time in Ukraine, the Department of Public Law of the Faculty of Law of the ChNU has developed a working program for the normative academic discipline “Alternative Dispute Resolution Tools”. This discipline is taught in both educational master’s programs of specialty 081 Law (EP “Law” and EP “Mediation”), as well as at the master’s program EP “International Law”, specialty 293 “International Law”.
The amount of the entire curriculum is 5 credits, of which 45 hours are classroom lessons (15 hours of lectures and 30 hours of practical training) and 105 hours of students’ independent work.
The curriculum provides for the mastering by students of two semantic modules. The first module “Genesis and basic properties of tools for alternative dispute resolution” includes the following content of the block: 1) ADR tools in the system of protection of human rights, freedoms and interests; 2) the emergence and development of ADR tools; 3) types and features of ADR tools; 4) legal regulation of ADR instruments; 5) the legal nature of the conflict.
The second module “Basic tools for alternative dispute resolution” includes the following content of the block: 1) mediation in the ADR system; 2) restorative justice in the ADR system; 3) negotiations as a tool for ADR; 4) arbitration as an institution of ADR; 5) international commercial arbitration as an ADR instrument; 6) combined ADR tools.
Now the initial piloting for the masters of the Chernivtsi Law School has begun on the discipline “Alternative Dispute Resolution Tools”
Manager of the MEDIATS project group,
Head of the Department of public law at CHNU
“The European Commission’s support for the production of this publication does not constitute an endorsement of the contents, which reflect the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.”