Alternative Dispute Resolution
Code: 100437 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2500257 Criminology | OT | 4 | 0 |
Contact
- Name:
- Ingeborg Porcar Becker
- Email:
- Ingeborg.Porcar@uab.cat
Use of Languages
- Principal working language:
- catalan (cat)
- Some groups entirely in English:
- No
- Some groups entirely in Catalan:
- Yes
- Some groups entirely in Spanish:
- No
Other comments on languages
The course will be held in Catalan. If there are foreign students who do not understand Catalan, the theory class and the seminar will be held in Spanish. Besides. personal work can be delivered in English.Prerequisites
You should have finished al least 120 ECTS (European Credit Transfer and Accumulation System), which represents about 4 semesters of your university degree.
Objectives and Contextualisation
Conflicts are part of our reality and should not be seen as isolated events, but as part of daily reality. Rarely conflicts are seen as an opportunity or as inevitable enrichment of our human experience, but in fact conflicts are a fundamental tool in lifelong learning.
Social reality has promoted different methods to manage conflicts, including negotiation and mediation as active forms of regulating them. But history and also our present are full of examples in which conflicts are managed by violence. In this course you will learn about the components of conflicts, about how to communicate efficciently in conflicts and about negotation and mediation as techniques which manage conflicts without using violence.
Main goals
- To identify conflicts, to differentiate them from other social phenomena and to recognize them as key elements in social events
- To learn to analyse a conflict, detecting correctly all the elements and applying one or more theoretical models for understanding and transforming conflicts
- To understand and apply the various alternatives for conflict resolution
- To using knowledge about conflict resolution both in prevention and in addressing crimes and criminal behaviour
Competences
- Ability to analyse and summarise.
- Applying a crime prevention program at a community level.
- Applying an intervention proposal about a person serving a sentence.
- Assessing the victim's needs in order to carry out an intervention proposal.
- Carrying out the criminological intervention on the basis of the values of pacification, social integration and prevention of further conflicts.
- Designing a crime prevention program.
- Drawing up an academic text.
- Identifying existing social resources to intervene in the conflict and criminality.
- Students must demonstrate a comprehension of the best crime prevention and intervention models for each specific problem.
- Using the evaluation techniques of criminogenic risk and needs of a person in order to decide an intervention proposal.
- Verbally transmitting ideas to an audience.
- Working autonomously.
- Working in teams and networking.
Learning Outcomes
- Ability to analyse and summarise.
- Acting in a professional way in the criminological field for pacifying, social integration and delinquency-prevention purposes.
- Applying a prevention program for crime control agents.
- Applying an effective evaluative model in order to detect the criminological intervention needs in prison population.
- Appropriately applying social resources to criminality.
- Appropriately managing a security or prevention team.
- Demonstrating they know the means and scientific procedures of crime prevention.
- Drawing up a delinquency prevention program.
- Drawing up an academic text.
- Effectively and individually implementing a criminological intervention.
- Effectively developing a delinquency prevention program in the community area.
- Intervening in the criminological field for pacifying, conciliatory and crime-prevention purposes.
- Mastering the individual evaluation techniques of a criminal act.
- Producing a social prevention program of delinquency.
- Properly using the criminological prevention and intervention programs.
- Verbally transmitting ideas to an audience.
- Working autonomously.
- Working in teams and networking.
Content
A. Principles for an understanding of psychosocial conflicts
LESSON 1. Main topics for the analysis of conflicts
The definitions of a conflict. Causes and origins of conflicts. The elements of a conflict (position, interest and necessity). The behaviour of the parties in a conflict. The role of the "third" in a conflict. The cycle of conflict. Rating conflict. Spontaneous strategies of conflict management. The conflict's culture.
LESSON 2: The models for the analysis of conflicts
The analysis of the sources of power. The three "p" of J.P. Lederach. The model of Fisher and Ury (Harvard). The model of Cornelius and Faire.
LESSON 3. Communication in conflicts
General principles of communication. The communication in the context of high emotionality. The "ME messages". Facilitating strategies. The "killers" of communication. The descriptive speech descriptive and non-violent communication.
B- How to manage a conflict
LESSON 4. How to manage conflicts
Contributions from the perspective of conflict management. Responses to the conflict with or without confrontation. The “ win & win” approach. The intervention from the perspective of the results. Problem solving applied to conflict resolution. Alternatives to psychosocial conflicts.
LESSON 5. Conflict management techniques
Arbitration. Negotiation. Conciliation. Mediation. Reconciliation. Conflicts in the courts.
LESSON 6. Conflict management in Criminology
Objectives. Principles. Conditioners. Preventive programs for families. The prevention programs in schools. Prevention in the field of community management. Preventive programs and social communication. Prevention inthe field of criminology
C. Examples of interventions
LESSON 7. Crime prevention programs
Contributions coming from conflict resolution programs to crime prevention programs
LESSON 8. Indiviual assessment of a victim of violence
Case study and preparation of report
LESSON 9. Violence at schools: Bullying
An intervention model
LESSON 10. An example of a conflict in Criminology: psychosocial contributions from Conflictology
Case study
Methodology
IMPORTANT REMARK
The teaching methodology and the grading may undergo some modification depending on the restrictions on attendance imposed by the health authorities due to the Covid-19.
The course will combine lectures and seminars. Lectures will try to boost reflection and to invite to read texts and make comments on them. Seminars look for active learning. These sessions will combine discussions of readings, role-playings and the study and analysis of real cases.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Evaluation | 5 | 0.2 | 11, 12, 9, 14, 1, 16, 17, 18 |
| Lectures | 19.5 | 0.78 | 2, 11, 13, 12, 8, 14 |
| Seminars | 19.5 | 0.78 | 2, 5, 11, 13, 8, 14, 16, 18, 15 |
| Type: Autonomous | |||
| Student's external work (personal work) | 106 | 4.24 | 4, 7, 13, 12, 14, 1, 17, 18, 15 |
Assessment
1. System of compulsory attendance to classes
a) Attendance is mandatory. Professors will register absences for each session, which can be justified or unjustified. Absences can only be justified for reasons of illness, other important inconveniences and for academic reasons previously authorized by the teaching staff.
b) If a student does not attend at least 80% of teaching, he or she cannot be evaluated.
c) Justified absences cannot be counted negatively. The professor must enable the student to recover the work done in class in the case of excused absence. This kind of justified absences must be documented. Justified absences are those resulting from situations which prevent students from attending educational activities, such as unexpected illness or similar situations. Teachers may consider also justified absences the situations in which students have to attend (and document) other training activities of the degree.
2. Requirements to pass the course
Students need to have a minimum mark of five in the activities and exercises. The weight of each activity in the final academic notes is marked in the scheme of learning outcomes.
3. Reassessment
If a student fails any of the activities, he or she will have a possibility of a new evaluation by doing a new activity at the end of the classes.
4. Consequences of fraud
A student who cheats or attempts to cheat in an exam will have 0 in the subject and will lose the right to be re-evaluated. A student who presents a practice that has indications of plagiarism or who can not justify the arguments of his or her practice will obtain 0 as grade and will receive a warning. In case of repetition, the student will recieve a 0 as final grade and will lose the right of re-assessment. Given that there is no exam in this subject, the final evidence that involves the case study and that weighs 30% of the final mark will receive the same treatment as an exam.
5. Late presentations
They are not accepted, except in cases of force majeure. The student will get a 0 in the undelivered practice.
6. Excuses
Excuses for fulfilling obligations due to illness or force majeure may be accepted as long as you have an official certificate. Absences for academic reasons must be previously accepted by the faculty.
7. Fraudulent conduct
If a student copies or attempts to copy in the exam, he / she will fail the subject with a 0 and will lose the right to re-evaluation. A plagiarism in a task will lead to the suspension of work and recidivism, the suspension of the subject and the loss of the right to reassessment.
8. Punctuality
Classes start on time. Admission to class is not allowed once it has started.
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Cas study: bullying at school | 10% | 0 | 0 | 11, 13, 12, 16, 17, 15 |
| Case study and presentation of the results | 30% | 0 | 0 | 2, 5, 11, 12, 9, 1, 16, 18 |
| Case study: evaluation of a victim and preparation of a report | 10% | 0 | 0 | 2, 5, 4, 13, 10, 12, 17, 15 |
| Class attendance (according to compulsory attendance system) and quick tests | 10% | 0 | 0 | 2, 5, 11, 13, 12, 14, 16, 15 |
| Elaboration of a portfolio on 5 theoretical concepts explained during the course | 20% | 0 | 0 | 5, 3, 7, 11, 6, 8, 14, 1, 17, 15 |
| Elaboration of a poster about a book and presentation in class | 10% | 0 | 0 | 9, 1, 16, 17 |
| Practical exercise: identification of positions, interests and needs | 10% | 0 | 0 | 12, 9, 17 |
Bibliography
Basic bibliography (compulsory)
Students will read at least two of the books cited in the following list:
Calvo Soler, R. (2014). Mapeo de conflictos. Técnica para la exploración de los conflictos. Barcelona; Spain: Gedisa Editorial.
Cubells, J. (2004). Una lectura del conflicto psicosocial en el ámbito jurídico desde la perspectiva construccionista. Persona y Sociedad, 28(1), 191-210.
Cornelius, H., Faire, S. (1989). Tú ganas yo gano. Cómo resolver conflictos creativamente y disfrutar con las soluciones. Madrid; Spain: Gaia ediciones.
Coser, L.A. (1967). Les fonctions du conflit social. Paris; France: Puf Edicions.
Fisher, R., Ury, W., Patton, W. (1998). Obtenga el sí: El arte de negociar sin ceder. Barcelona; Spain: Gestión 2000.
Freund, J. (1995). Sociología del conflicto. Madrid; Spain: EME.
Galtung, J. (1998). Tras la violencia, 3R: reconstrucción, reconciliación, resolución. Afrontando los efectos visibles e invisibles de la guerra y la violencia. Gernika; Spain: Ed. Bakeaz & Gernika Gogoratuz.
Lederach, J.P. (2000). El abecé de la paz y los conflictos. Educación para la paz. Madrid; Spain: Catarata.
Menduate, L., Martínez, J.M. (1998). Conflicto y negociación. Psicología Pirámide. Madrid; Spain: Muldoon,
Redorta, J. (2004). Cómo analizar los conflictos. La tipología de conflictos como herramienta de mediación. Barcelona; Spain: Paidós.
Suares, M. (2002). Mediación. Conducción de disputas, comunicación y técnicas. Barcelona; Spain: Paidós.
Touzard, H. (1981). La mediación y la solución de los conflictos. Estudio Psicológico. Barcelona; Spain: Herder.
Ury, W. (1998). Cómo negociar con personas que adoptan posiciones inflexibles. Barcelona; Spain: Gestión 2000.
Vinyamata, E. (2001). Conflictología. Teoría y práctica en resolución de conflictos. Barcelona; Spain: Ariel Practicum.
Vinyamata, E. (1999). Manual de prevención y resolución de conflictos. Conciliación, mediación, negociación. Barcelona; Spain: Ariel.