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How to teach judges ADR?

How to teach judges ADR?. Iryna Voytyuk, Ukraine 4-th International Conference on the training of the judiciary, Sydney, Australia 25-29 October 2009. Presentation content:. Method Adult learning theory Presentation methods Adult learning styles & teaching models Content KAB

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How to teach judges ADR?

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  1. How to teach judges ADR? Iryna Voytyuk, Ukraine 4-th International Conference on the training of the judiciary, Sydney, Australia 25-29 October 2009

  2. Presentation content: • Method • Adult learning theory • Presentation methods • Adult learning styles & teaching models • Content • KAB • Ukrainian experience

  3. How do adults learn? • What were some of the best learning opportunities that you’ve had? • Linked to daily practice • See connection with what we do • Interactive • Opportunity to try and do something practical • Entertaining 

  4. What does adult learning theory says… 1. FOCUS ON “REAL WORLD” PROBLEMS. 2. EMPHASIZE HOW THE LEARNING CAN BE APPLIED. 3. RELATE THE LEARNING TO THE LEARNERS’ GOALS. 4. RELATE THE MATERIALS TO THE LEARNERS’ PAST EXPERIENCES. 5. ALLOW DEBATE AND CHALLENGE OF IDEAS. 6. LISTEN TO AND RESPECT THE OPINIONS OF LEARNERS. 7. ENCOURAGE LEARNERS TO BE RESOURCES TO YOU AND TO EACH OTHER. 8. TREAT LEARNERS LIKE ADULTS. 9. GIVE LEARNERS “CONTROL”

  5. Presentation methods (Advantages, Drawbacks, ADR application): • Trainer presentation/lecture • Structured exercise/role play • Individual reading assignments and individual exercise

  6. Presentation methods (part II) • Facilitated group discussion • Demonstration • Case study

  7. Adult learning styles

  8. Teaching models

  9. Teaching models(continued)

  10. Teaching models (continued) • The spiral model values not only knowledge and experience of the outside expert, but also - and even more - the knowledge and experience of the participants. • In the spiral model everyone teaches and everyone learns in a collective process of creating knowledge rather than only the teacher teaching and the students learning as is the case with the "expert" model. • The collective process of creating knowledge is about critical reflection on our own and the experiences of others and personal learning. • Most learning occurs when people practice what they have learned. • The spiral model ensures that participants have the opportunity to practice their skills in the learning context (remember “Ways People Learn”).

  11. ContentKAB: Knowledge, Attitudes & Behaviours (skills) Knowledge (may include, but not limited to): • Processes and Procedures (Continuum) • Major focus on mediation (Why?) • Values and principles • Practice overview (examples and statistics) • Legal framework • Conflicting parties (mediation participants) experience with mediation • Research results

  12. KAB: Knowledge, Attitudes & Behaviours (skills) Attitudes: • To generate curiosity • To overcome negative stereotypes (if any) • To become fan’s, partisans, supporters and advocates for ADR /mediation • To share values behind mediation process (self-determination & participation, responsibility, respect, trust and cooperation, human dignity and individual growth & development)

  13. KAB: Knowledge, Attitudes & Behaviours (skills) Behaviours (skills, Depending on the training purpose and scale). In Ukraine: • To be able to assess the appropriateness of referring a case to mediation (other ADR process) • To know what ADR is • To be familiar with the types of ADR: negotiation; facilitation arbitration mediation To understand advantages and disadvantages of mediation • To be able to explain mediation process to the parties • To be able to deal with the mediation outcome (agreement) in the legal process

  14. To be able to apply certain skills in practice (e.g. active listening, exploring alternatives BATNA, negotiating solutions etc) • Other possible options and experience of other programms: • To be able to conduct mediation process in a neutral, impartial, non-directive and cooperative manner. • To be able to establish and develop court-connected mediation program in their own court… (Alash Zalar’s court-connected mediation model)

  15. Ukrainian achievements: • Partnership with Ukrainian Centre for Common Ground (among other CR programs: court-connected mediation since 1997, restorative justice since 2003) • Presentation video “Healing justice” (“Ztsilennia pravosuddiam”) http://commonground.org.ua/lib_media.shtml

  16. Ukrainian achievements • Judges mediation training developed Training agenda includes items like: Basic mediation skills and process Communication skills Mediation ethics (values and principles) Legislation Referral mechanisms and organizational aspects

  17. Ukrainian achievements • Legislation (Criminal code): The new Ukrainian Criminal Code (adopted by the Parliament in 2001) contains some provisions for the application of restorative justice. Article 46 permits the court to use the outcome of the victim-offender reconciliation procedure and to close a criminal proceeding in cases of the first time, minor offences. There are other articles in the Criminal Code, for example Articles 45, 47, containing provisions for possible outcomes of Restorative Justice processes for first-time offenders who are charged with crimes otherwise punishable by less than 5 years’ of detention. The term reconciliation itself appears only in one Article # 46 and one of the commentaries to this Article (doctrinal interpretation) states that its provisions apply to mediation – method of criminal conflict resolutions, wide spread abroad.

  18. Ukrainian achievements • The Code of Criminal Procedure at the same time doesn’t contain any provisions regarding victim-offender reconciliation procedure. It only provides for reconciliation procedure outcomes, which are relevant to provisions mentioned in the Criminal Code (Articles 6, 7-1, 7-2, 8, 27). There are no other provisions in the Code that allow for reconciliation to be reached through mediation or with the support of a mediator. However, the work on the New Code of Criminal Procedure of Ukraine is in progress.

  19. Ukrainian achievements • Legislation (criminal by-laws) The Supreme court issued 3 Resolutions regarding mediation in criminal matters (Re juvenile offenders & victims of crime) in 2005, 2006 Instructive letter of Prosecutor General – August 2008 recommends informing the parties and cooperate with mediation NGOs (“Punishment is not the primary goal of a prosecutor!...) Instructive letter for juvenile police – September 2009

  20. Ukrainian achievements • Legislation (civil and economy law) Right of the civil dispute parties to end the dispute with amicable agreement Mediation close in a contract Ukrainian • Mediation Centre within the Kiev-Mogyla business school • CoE initiatives in commercial courts

  21. Ukrainian achievements • Mediation basics presentation before starting of every training course for judges • 40 hours вasic training course of mediationfor judges, including: mediation in criminal justice; mediation in civil justice; mediation in commercial justice; voluntary settlement and its consequences. • Generalization of judicial practice and scientific research regarding implementation of mediation in Ukrainian justice; • Preparation for publishing of summary of judicial practice on implementation of European practice of mediation in civil justice; • Conference ”Mediation process inUkrainian justice“, February, 2004 • starting from 2004Аcademy of Judges of Ukraine has organized 30 seminars on mediation

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