PRINCIPLES AND PROCEDURES for development and piloting of Profile specialized educational and professional program (PSEPP) training of mediators on the basis of a master’s educational and professional program of the field of knowledge 08 Law, specialty 081 Law of Yuriy Fedkovych Chernivtsi National University (hereinafter “The document”)
The developer of the document – Petro Patsurkivskyy, Dean of the Faculty, Member of the Working Group of EU Project «Erasmus + KA2» CBHE project No. 599010-EPP-1-2018-1-NL-EPPKA2-CBHE-JP “Mediation: Training and Society Transformation / MEDIATS”
The Document is based on the criteria of the following acts:
- European Convention on Human Rights;
- Recommendation No. R (98)1 of the Committee of Ministers to Member States on family mediation adopted on 21 January 1998;
- Joint Declaration of the European Ministers of Education convened in Bologna on 19 June 1999;
- Recommendation No. R (99) 19 of the Committee of Ministers to member States concerning mediation in penal matters adopted on 15 September 1999;
- Recommendation No. R (2000) 8 of the Committee of Ministers to member states on the research mission of universities adopted on 30 March 2000;
- Recommendation No. R (2000) 21 of the Committee of Ministers to member states on the freedom of exercise of the profession of lawyer adopted on 25 October 2000;
- Recommendation Rec (2001) 9 of the Committee of Ministers to member states on alternatives to litigation between administrative authorities and private parties adopted on 5 September 2001;
- Recommendation Rec (2002) 10 of the Committee of Ministers to member states
on mediation in civil matters adopted on 18 September 2002;
- Recommendation of the Committee of Ministers to member states on the European Convention on Human Rights concerning University education and professional training adopted on 12 May 2004;
- Recommendation Rec (2007) 6 of the Committee of Ministers on the public responsibility for higher education and research;
- Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;
- Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation;
- UNCITRAL Model Law on International Commercial Conciliation, 2002;
- Principles for ADR Provider Organizations, 2002;
- Standards and Guidelines for Quality Assurance in the European Higher Education Area (ESG), аapproved by the Ministerial Conference in Yerevan, 14-15 May 2015;
- Constitution of Ukraine;
- Law of Ukraine “On Education”;
- Law of Ukraine “On Higher Education”.
The first time the Document was approved by the Academic Council of the Law Faculty of Yuriy Fedkovych Chernivtsi National University on 27 February 2019, Protocol No7.
In August 2019 the Document harmonized with the “Criteria for evaluating the quality of the educational program”, which is addition to the “Regulations on the accreditation of educational programs, which trains candidates of higher education”, approved by the Ministry of Education and Science of Ukraine on 11 July, 2019 No. 977 and registered at the Ministry of Justice of Ukraine on 08 August, 2019 No. 880/33851
The new version of the Document was approved by the Academic Council of the Yuriy Fedkovych Chernivtsi National University on 27 August, 2019, Protocol No. 1.
The principles and procedures for quality assurance of the development and implementation of the PSEPP “Mediation” at the Yuriy Fedkovych Chernivtsi National University define: the principles of design and the goals of the PSEPP “Mediation”; structure and content of the educational program; the conditions of access to the PSEPP “Mediation” and recognition of the results of training; the principles of teaching and teaching at PSEPP “Mediation”; control measures, evaluation of higher education applicants and the principles of academic integrity; requirements for the teaching and teaching staff of the PSEPP “Mediation”; requirements for the educational environment and material resources for the educational program; requirements for the internal quality assurance of the development and implementation of the PSEPP “Mediation”; ensuring the transparency and publicity of the design and implementation of the PSEPP “Mediation”.
Design principles and objectives of the PSEPP “Mediation”
1.1. The educational program must have a clearly stated objective that is in line with the mission and strategy of the EU Erasmus + KA2 CBHE project No. 599010-EPP-1-2018-1-NL-EPPKA2-CBHE-JP “Mediation: Training and Society Transformation / MEDIATS” as well as the University’s missions and strategies.
1.2. The goals of the PSEPP “Mediation” and program learning outcomes are determined taking into account the European and national trends in the development of the profession of mediator, the labor market of mediators, national and regional contexts, rooting the culture of mediation as well as the experience of foreign educational programs in the field of education, first and foremost EU members.
1.3. Due to the lack of currently industry standards for higher education in the specialty of mediator as well as the lack of specialty “Mediation” in the State Classifier of Professions of Ukraine the program results of training must meet the requirements of the National Qualifications Framework for the eighth (master’s) qualification level.
1.4. This level involves acquiring a person with advanced theoretical and/or practical knowledge, skills, skills in the chosen specialty or specialization, general principles of the methodology of professional activity, other competences sufficient to effectively perform tasks of an innovative nature of the relevant level of professional activity.
Structure and Content of the PSEPP “Mediation”
2.1. The volume of the PSEPP “Mediation” in the credits of the European Credit Transfer and Accumulation System shall comply with the requirements of the Law of Ukraine on educational load for educational and professional programs of the second (master’s) higher education level and may not exceed 45 credits.
2.2. Content of the PSEPP “Mediation” should have a clear structure; educational components included in the educational program must be logically linked into a coherent system and together should make it possible to achieve the stated objectives and program learning outcomes.
2.3. The content of the PSEPP “Mediation” must correspond to the subject area defined in its title.
2.4. Structure of the PSEPP “Mediation” should provide an opportunity for development and implementation of individual educational trajectories of students, particularly due to individual choice applicants higher education target blocks of subjects or set specific disciplines of up to fifty percent of the total educational and professional programs.
2.5. The PSEPP “Mediation” and compiled on the basis curriculum should provide practical training for future mediators, which makes it possible to acquire relevant expertise needed for future professional activity, as in the classroom workshops, and during practice.
2.6. The PSEPP “Mediation” should provide for the acquisition of soft skills by higher education students that are relevant to the purpose of the program.
2.7. The volume of the PSEPP “Mediation” and its individual educational components should be consistent with the credits of the European Credit Transfer and Cumulative System to the actual workload of students, the achievement of the objectives and program results of study.
Conditions of access to the PSEPP “Mediation” and recognition of learning outcomes
3.1. The rules for admission to the training at the PSEPP “Mediation” should be clear and clear, not contain discriminatory provisions and be published on the official website of the University and the website of the Faculty of Law.
3.2. Admission rules for training under the PSEPP “Mediation” should take into account the specifics of the program.
3.3. Clear and understandable rules for recognizing learning outcomes obtained from other educational institutions should be established. In particular, in the exercise of the right to academic mobility, in accordance with the Convention on the Recognition of Qualifications in Higher Education in the European Region (Lisbon, 1997). These rules should be permanently available to all actors in the educational process. They need to be consistently adhered to during the implementation of the Mediation.
3.4. The rules for recognizing learning outcomes in non-formal education should be clearly and clearly defined. For example, during the preparation for the profession of mediator in the certificate programs in mediation and various trainings. These rules should be accessible to all participants of the educational process and should be strictly adhered to during the implementation of the PSEPP “Mediation”.
Principles of Learning and Teaching for the PSEPP “Mediation”
4.1. Forms and methods of teaching and learning should contribute to achieving the stated objectives of the educational program and program learning outcomes comply student-centrism approach and the principles of academic freedom.
4.2. All participants in the educational process should be provided with accessible and comprehensible information in a timely manner (even before their students’ enrollment) about the goals, content and programmatic learning outcomes, the procedure and criteria for assessment within individual educational components (in the form of a syllabus or otherwise).
4.3. The PSPPP Mediation should provide and ensure a combination of learning and research during the implementation of the program in accordance with the level of higher education, specialty and goals of the educational program.
4.4. All scientific and teaching staff engaged to implement the program must update the content of programs of training courses based on advanced research and innovative practices in mediation.
4.5. Studies, teaching and research should be directly linked to the internationalization of the University.
Control measures, evaluation of higher education applicants and academic integrity.
5.1. Forms of control measures and evaluation criteria for higher education mediators must be clear, comprehensible and clearly establish the achievement of the intended higher education outcomes by the individual educational component and / or educational program as a whole. They are published by the University in advance.
5.2. Forms of certification for higher education mediators must be linked to officially accepted standard indicators.
5.3. They should be clearly defined and understood by all participants in the educational process and comply with the requirements of the standard of the National Agency for Higher Education Quality Assurance (NAQA) control measures. They should also provide for procedures for the prevention and settlement of conflicts of interest, determining the procedure for challenging the results of control measures and their re-passage. These rules must be strictly observed during the implementation of the PSEPP “Mediation”.
5.4. Policies, standards and procedures for academic integrity must be clearly defined and understood by all participants in the educational process. Adherence to these policies, standards, and procedures should be steadily pursued during the educational process of the PSEPP “Mediation”. These values need to be promoted, implemented in an internal quality culture, and made use of innovative technical and technological tools to counteract the violation of academic integrity.
Teaching and teaching support staff of the PSEPP “Mediation”
6.1. The competitive selection procedures for teachers at the PSPPP “Mediation” should be democratic and transparent and make it possible to select the most qualified professionals for the implementation of the educational program.
6.2. The academic and/or professional qualifications of teachers involved in the implementation of the program should adequately ensure the achievement of the goals set by the PSEPP “Mediation” and other programmatic learning outcomes.
6.3. Practical mediators from different fields of their activity should be involved in the implementation of the educational process under the program. They should ensure that a substantial part of the lecture classes and the production practice of students enrolled in the program.
6.4. The University should promote the professional development of program teachers, both at the expense of their own resources and through cooperation with other organizations, including those from EU Member States and other foreign countries in which mediation has reached a high level of development.
6.5. The University should comprehensively stimulate the development of teaching skills.
Educational environment and material resources.
7.1. The University must be sufficiently partnering in the creation, together with the EU Erasmus+ KA2 CBHE project No. 599010-EPP-1-2018-1-NL-EPPKA2-CBHE-JP “Mediation: Training and Society Transformation / MEDIATS” material and technical conditions (facilities, equipment, library, staffing, etc.) and teaching of educational programs in accordance with her program objectives and learning outcomes.
7.2. The University should provide free access to the program faculty and program graduates to all the infrastructure and open information resources required for training, teaching and/or research activities within the PSEPP “Mediation”.
7.3. The University should create a safe and healthy environment for teachers and higher education students studying under the program, an environment that meets the European ecological safety criteria and allows to meet the needs of teachers and students directly related to the implementation of the PSEPP “Mediation”.
7.4. The University should provide educational, organizational, informational, advisory and social support for higher education students enrolled in the PSEPP “Mediation”.
7.5. The University is responsible for creating adequate conditions for the right to education for persons with disabilities who study on the PSEPP “Mediation”.
7.6. Policies and procedures for resolving conflict situations (including corruption, discrimination, sexual harassment, etc.) should be developed and provided for everyday life in a clear and understandable way for all participants in the educational process of the PSEPP “Mediation”. All participants in the educational process should be able to read this policy. This policy should be consistently followed when implementing the program of the educational process.
Internal quality assurance development and implementation of PSEPP “Mediation”
8.1. Internal quality assurance development and implementation of PSEPP “Mediation” is carried out in accordance with certain provisions specifically designed “Internal quality assurance.”
8.2. The University consistently adhered by this Regulation production procedures, approval, monitoring and periodic review the PSEPP “Mediation”.
8.3. Students enrolled in the program should be involved, directly and through student self-government bodies, in the process of periodic review of the PSEPP “Mediation” and other quality assurance procedures as a partner. Their position is taken into account during the revision of the educational program.
8.4. Mediators should be involved as partners directly and/or through their associations in the process of periodic review of the PSEPP “Mediation” and other quality assurance procedures.
8.5. It has become an obligatory practice of collection and consideration of information on career path graduate education program.
8.6. There should be a mechanism that would ensure timely identify gaps in educational programs and activities for its implementation and proper response to these shortcomings.
8.7. An essential attribute of the PSEPP “Mediation” is taking into account the criticisms and proposals will be formulated during the accreditation of educational programs.
8.8. A general quality culture should be formed at the University, which will contribute to the continued development of the PSEPP “Mediation” and the educational activities of the program.
Transparency and Publicity of the PSEPP “Mediation”
9.1. Clear rules and procedures governing the rights and responsibilities of all participants in the educational process must be defined. These rules and procedures should be available to them and consistently ensured University during the implementation of educational programs.
9.2. Before the approval of the educational program or making changes to the relevant information to be published on the official website of the University and the Faculty of Law in order to receive comments and suggestions of interested parties.
9.3. University promptly publishes on its web site complete and accurate information about the educational program, including its objectives, the expected learning outcomes and other components sufficient to inform stakeholders and society.
Approved in the above version at a meeting of the Academic Council of the Law Faculty of Yuriy Fedkovych Chernivtsi National University on the 27 February, 2019, Protocol No. 7.
The Chairman of the Academic Council, Professor M. Nykyforak
The Secretary of the Academic Council, Associate Professor O. Yushchik
“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.”