Logo UAB
2023/2024

Alternative Dispute Resolution

Code: 100437 ECTS Credits: 6
Degree Type Year Semester
2500257 Criminology OT 4 1

Contact

Name:
Ingeborg Maria Porcar Becker
Email:
ingeborg.porcar@uab.cat

Teaching groups languages

You can check it through this link. To consult the language you will need to enter the CODE of the subject. Please note that this information is provisional until 30 November 2023.


Prerequisites

You should have finished at least 120 ECTS (European Credit Transfer and Accumulation System), which represents about four 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 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 efficiently in conflicts and about negotiation 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

  1. Ability to analyse and summarise.
  2. Acting in a professional way in the criminological field for pacifying, social integration and delinquency-prevention purposes.
  3. Applying a prevention program for crime control agents.
  4. Applying an effective evaluative model in order to detect the criminological intervention needs in prison population.
  5. Appropriately applying social resources to criminality.
  6. Appropriately managing a security or prevention team.
  7. Demonstrating they know the means and scientific procedures of crime prevention.
  8. Drawing up a delinquency prevention program.
  9. Drawing up an academic text.
  10. Effectively and individually implementing a criminological intervention.
  11. Effectively developing a delinquency prevention program in the community area.
  12. Intervening in the criminological field for pacifying, conciliatory and crime-prevention purposes.
  13. Mastering the individual evaluation techniques of a criminal act.
  14. Producing a social prevention program of delinquency.
  15. Properly using the criminological prevention and intervention programs.
  16. Verbally transmitting ideas to an audience.
  17. Working autonomously.
  18. Working in teams and networking.

Content

A. Foundations for the psychosocial understanding of conflict

THEME 1. Conflictology as an alternative view of social phenomena in the 21st Century

The social vision of conflict and peace. The change of paradigm experienced in the last 20 years in the approach to conflict. Definitions of conflict.

THEME 2. Communication in conflict

General principles of conflict communication. Facilitating strategies and communication "killers". The descriptive and non-judgemental communication style as a tool for conflict management.

THEME 3. Axes for conflict analysis

The classification of conflict. The elements of a conflict (position, interest and need). The behaviour and strategies of the parties in the conflict. The role of the "third party" in conflicts. The conflict cycle. The culture and perception of conflict by the parties.

 

B- How conflict is managed

THEME 4. How conflict is managed

Contributions from the perspective of conflict management. Responses to conflict through confrontation or non-confrontation. "You win, I win". Intervention from the perspective of results. Problem solving applied to conflict resolution. Alternatives to psychosocial conflict.

THEME 5. Conflict management techniques

Arbitration. Negotiation. Conciliation. Mediation. Reconciliation. Trial.

THEME 6. Conflict management in Criminology

Objectives. Principles of action. Conditioning factors. Practical application of conflict analysis and descriptive communication in Criminology.

 

C. Examples of intervention

THEME 7. Individual assessment of a victim of a criminal offence from the perspective of conflictology

Case study and report writing

THEME 8. Violence at school: Bullying

Intervention model from conflictology

THEME 9. An example of psychosocial conflict in the criminological field with the contributions of conflictology

Case study


Methodology

The methodology of the course will combine theory classes with seminars. The aim of the theory sessions is to provoke reflection and encourage critical thinking, engaging students in tasks that go beyond simple memorisation, working mainly with challenge-based learning. Seminars are a way of approaching an active learning model, an essential complement to the information obtained in the theoretical classes. These sessions will be adapted in terms of content, development, and pace to the theory programme. Classroom exercises, role-playing and dramatisations will be combined with the study and analysis of real cases.

Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.


Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Evaluation 5 0.2 11, 12, 9, 14, 1, 16, 17, 18
Lectures 18 0.72 2, 11, 13, 12, 8, 14
Seminars 18 0.72 2, 5, 11, 13, 8, 14, 16, 18, 15
Type: Autonomous      
Student's external work (personal work) 109 4.36 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. Resit

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 zero 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 cannot 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 receive a zero as final grade and will lose the right of re-assessment. Given that there is no exam in this subject, the last evidence that involves the case study and that weighs 30% of the final mark will receive the same treatment as an exam. 

If a student copies or attempts to copy in the exam, he / she will fail the subject with a zero 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.

5. Late presentations

They are not accepted, except in cases of force majeure. The student will get a zero in the undelivered practice.

6. Excuses

Excuses for fulfilling obligations due to illness or force majeure may be accepted if you have an official certificate. Absences for academic reasons must be previously accepted by the faculty.

7. Punctuality

Classes start on time. Except in duly justified cases, admission to class is not allowed once it has started. It is also not permitted to leave class before the scheduled end time. 

 

Single assessment system

To pass the single assessment, the student must submit three written pieces of evidence and take an oral examination.

1. A practical exercise on descriptive communication, which has a weight of 15% and which consists in

  • Research on communication in conflicts and in particular on non-violent communication as described by Marshall B. Rosenberg.
  • Analyse 6 fragments of relevant 20th and 21st century speeches, chosen from a pre-established list,establishing whether the communication is violent or non-violent and establishing proposals for improvement for each of the speeches chosen.

2. An analysis of a current conflict, no more than 3 months old, which has a weight of 20% and consists of:

  • Documenting the proposed conflict analysis model.
  • Be able to analyse whether a conflict meets the criteria for conflict.
  • Be able to identify the parties and third parties involved in the conflict.
  • Be able to identify the positions, interests and needs of each of the parties and third parties involved.
  • Determine the stage of the conflict, as well as the behaviour of the parties and their strategies.
  • Be able to describe the parties' perception of the conflict and their conflict culture.

3. The study of a social conflict relevant to criminology, with the design of an intervention based on the principles of conflictology, with a weight of 30%, which will consist of:

  • The complete analysis of the conflict with the model of the previous exercise.
  • The use of an intervention model to improve the conditions of the chosen conflict.
  • The establishment of a prognosis for the conflict, based on the analysis carried out.

4. The oral examination of a maximum of 45 minutes will consist of an oral presentation of the study carried out on social conflict and of answering questions on the other two exercises carried out and on the theoretical bases of conflictology. The oral exam will have a weight of 35%.


Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Case study on a social conflict and presentation of the results 30% 0 0 2, 5, 3, 7, 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
Intervening in a case of bullying 15% 0 0 2, 3, 11, 13, 12, 8, 16, 17, 15
Practical exercise on descriptive (non-violent) communication 15% 0 0 2, 5, 3, 7, 6, 10, 12, 17, 15
Practical exercise: conflict analysis 20% 0 0 2, 5, 11, 12, 9, 17, 18, 15

Bibliography

Mandatory readings

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. 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. Gaia ediciones. 

Coser, L.A. (1967). Les fonctions du conflit social. Puf Edicions. 

Fisher, R., Ury, W., Patton, W. (1998). Obtenga el sí: El arte de negociar sin ceder. Gestión 2000. 

Freund, J. (1995). Sociología del conflicto. EME.

Galtung, J. (1998). Tras la violencia, 3R: reconstrucción, reconciliación, resolución. Afrontando los efectos visibles e invisibles de la guerra y la violencia. Ed. Bakeaz & Gernika Gogoratuz.

Lederach, J.P. (2000). El abecé de la paz y los conflictos. Educación para la paz. Catarata. 

Munduate, L., Martínez, J.M. (1998). Conflicto y negociación. Psicología Pirámide. Muldoon. 

Redorta, J. (2004). Cómo analizar los conflictos. La tipología de conflictos como herramienta de mediación. Paidós.

Suares, M. (2002). Mediación. Conducción de disputas, comunicación y técnicas. Paidós. 

Touzard, H. (1981). La mediación y la solución de los conflictos. Estudio Psicológico. Herder.

Ury, W. (1998). Cómo negociar con personas que adoptan posiciones inflexibles. Gestión 2000.

Vinyamata, E. (2001). Conflictología. Teoría y práctica en resolución de conflictos. Ariel Practicum. 

Vinyamata, E. (1999). Manual de prevención y resolución de conflictos. Conciliación, mediación, negociación. Ariel.


Software

This subject does not use specific software.