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2023/2024

Family Mediation

Code: 44689 ECTS Credits: 10
Degree Type Year Semester
4317933 Mediation in Families and in Private Law OB 0 A

Contact

Name:
Patricia Olmos Rueda
Email:
patricia.olmos@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

There are no prerequisites

Objectives and Contextualisation

The objective of module 3 is to learn about the different mediation contexts (family sphere), their legal regulations and the specific actions that are required, as well as to analyze situations of inequality in family relationships and coexistence. Likewise, it is also intended to acquire skills to know how to carry out and develop a mediation process applied to the field of family mediation.


Competences

  • Communicate clearly, persuasively and unambiguously to both expert and non-expert audiences.
  • Identify and apply the basic and general principles of the legal system in different socio-educational mediation actions.
  • Manage and adequately write up the administrative factors and the content of an act of family mediation and/or one in the area of private law.
  • Recognise and conserve a permanent situation of symmetry of the parties in the act of mediation.
  • Show a commitment to ethics and gender in mediation.
  • Solve problems effectively in a contextualised manner and with social responsibility.
  • Solve problems in new or little-known situations within broader (or multidisciplinary) contexts related to the field of study.
  • Students should know how to communicate their conclusions, knowledge and final reasoning that they hold in front of specialist and non-specialist audiences clearly and unambiguously.

Learning Outcomes

  1. Adequately document and write up the content and main agreements from any mediating act or action.
  2. Anticipate the demand for information in the area in question.
  3. Apply strategies to carry out an adequate administrative procedure in an act of family mediation and/or in the area of private law.
  4. Apply strategies to ensure equality of condition for both parties.
  5. Apply the current regulations concerning mediation to the different mediation actions.
  6. Carry out documentary research before making decisions.
  7. Demonstrate a good knowledge of verbal and non-verbal language (gestures, tone of voice, facial expressions, etc.) and adapt them in each situation.
  8. Demonstrate a positive and respectful attitude towards the rest of the team and /or clients.
  9. Identify the options for mediation in complex contexts.
  10. Identify the regulatory and legal context of different areas of mediation.
  11. Make adequate use of the resources, methods, channels and media for effective communication with different audiences.
  12. Make decision in complex situations, evaluating the possible consequences.
  13. Recognise and express opinions assertively and respectfully.
  14. Respect the opinions, values and cultures of the rest of the team and/or clients.

Content

• The family and coexistence situations.

• The regulation of the family.

• Family conflicts as a starting point for family mediation.

• Typology of conflicts that can be generated in the family environment: broken marital bond or couple relationship, generational conflicts, conflicts between siblings, in the grandparents/parents/grandchildren relationship, in adoption and foster care, property disputes, conflict in the of successions, etc.

• Mediation as a process of intervention and conflict management in the context of the family. Conjugation of legal, psychological and social aspects.

• Inheritance law and mediation in that context.

• Specific mediation strategies and tools in the field of the family as a system


Methodology

This module is developed through directed, supervised and autonomous activities characterized by the combination of:

  • Lectures with invited experts.
  • Resolution of cases, exercises and practical problems in person and virtually.
  • Simulation of problems and role playing
  • Face-to-face practical seminars
  • Problem-based learning.
  • Discussion forum.
  • Tutorials.
  • Personal study.
  • Reading articles and reports.

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      
Directed activities 75 3 2, 5, 3, 4, 7, 10, 9, 12, 13
Type: Supervised      
Supervised actvities 37.5 1.5 5, 3, 4, 7, 10, 6, 11, 9, 13, 1
Type: Autonomous      
Autonomous activities 137.5 5.5 2, 8, 10, 6, 11, 9, 13, 1, 14

Assessment

This module will be evaluated according to the following evidence:

  • Attendance and active participation in the forums and/or conferences and complementary activities (critical reflection, writing with contributions from the conference to the professional practice of mediation, etc.).
  • Delivery of case resolution exercises.
  • Delivery of reports/work.
  • Tests.

 The module grade will be established following the proportions detailed in the evaluation activities table. The delivery of exercises, reports, assignments and/or tests will be specified at the beginning of the module.

There will be a qualification for the more legal aspects and mediation practice (including some exercises and written tests) and another for the more psychosocial aspects.

The qualifications of each of the assessment activities will be published in the 20 days following the delivery. Students wishing to review the results must do so within 15 days after their publication.

All those students with a successful follow-up of the subject and with some pending assignment will be allowed to pass the subject though the redesign or improvement of those failed assignments. 

Copy of any part of an assignment, essays or examinations constitute a crime that can represent to suspend the subject (more information in: http://wuster.uab.es/web_argumenta_obert/unit_20/sot_2_0 1.html). 

In all the activities (individual and in group) the linguistic correction, the writing and the formal aspects of presentation will be taken into account. Students must be able to express themselves fluently and correctly and must show a high degree of understanding of academic texts. An activity can be returned (not evaluated) or suspended if the teacher considers that it does not meet these requirements. For this reason, before submitting a learning evidence, check that the sources,notes, citations and bibliographic references have been correctly written following the APA regulations. and according to the documentation that is summarized in UAB sources: https://ddd.uab.cat/pub/recdoc/2016/145881/citrefapa_a2016.pdfhttps://www.uab.cat/web/estudia-i-investiga/com-citar-i-elaborar-la-bibliografia-1345708785665.html

To pass this subject, an attitude compatible with the mediation profession must be demonstrated. Therefore, it will be valued that the student shows good general communicative competence, both orally and in writing. Likewise, they must show attitudes of active listening, participation, empathy and respect throughout the course. Other skills such as: active listening, respect, participation, cooperation, empathy, kindness, punctuality, not judging, arguing, proper use of mobile phones and computers will be taken into account.

SINGLE EVALUATION

The evidence of the evaluation must be delivered in the last scheduled session of the module. This assessment includes:

  • Written exam that includes all the contents of the module (45%).
  • The development of a portfolio with the collection of evidence of activities carried out throughout the module (45%).
  • The presentation/oral defense of the evidence collected in the portfolio (10%).

To pass the subject, a minimum score of 5 must be achieved in each of the evidence of the single assessment.

The same recovery system will apply as for the continuous assessment.

The review of the final qualification follows the same procedure as for the continuous assessment.


Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Attendance and active participation 10% 0 0 7, 8, 13, 14
Delivery of exercises/ resolution of cases 45% 0 0 5, 3, 4, 7, 10, 6, 11, 12, 13, 1
Submit reports and assignments and/or test 45% 0 0 2, 5, 3, 4, 7, 6, 11, 9, 12, 13, 1

Bibliography

The general bibliography is specified, which does not exclude the specific one that may be provided by the teaching staff involved in the training.

 

 

Alés, J.; Mata, J.D. (2016). Manual práctico para mediadores. El misterio de la mediación. Barcelona: Editorial Atelier.

Bordalí, A. (2014). Justicia privada. Revista de Derecho, Vol. 16, 1, 165-186.

Casanovas, P., Magre, J. y Lauroba, M.E. (dirs.) (2010). Llibre blanc de la mediació a Catalunya, Barcelona: Huygens editorial.

De Diego, R. y Vallejo, C. (2013). Mediación: proceso, tácticas y técnicas. Barcelona: Pirámide.

Haybes, J. (2012). Fundamentos de la mediación familiar. Madrid: Gaia.

Ortuño, J.P. (1018). Justicia sin jueces. Barcelona: Ariel.

 

Access to the databases of the Humanities and Social Sciences libraries. Online academic resources (https://www.uab.cat/web/servei-de-biblioteques-1345703209400.html)


Software

No specific programs are required.