This academics diploma program provides participants with training in amicable dispute resolution methods: negotiation, mediation,
conciliation, collaborative law, lawyer-assisted participatory procedure.For all inquiries, please fill in the form at the bottom of this page.
Download in PDF format :
- Brochure from academics DU and CU MARD (Amicable Dispute Resolution)
- DU and CU MARD pre-registration form
ACADEMICS OBJECTIVES:
- Training in the various MARDs (negotiation, mediation, conciliation, collaborative law, lawyer-assisted participatory procedure).
- Acquire and master the tools used by negotiators in all fields of application.
- Enable participants to propose ADR to their clients or litigants, and teach them how to play their role in the process (e.g. as counsel to a party in mediation or conciliation), or even practice it themselves if they lead the process (negotiator, mediator, conciliator, collaborative or participative lawyer).
TARGETED SKILLS :
Demonstrate professional competence in the MARD field:
- Or the participant has enrolled in certain modules (amicable settlement tools, mediation, etc.) and can record this acquired skill on his or her professional card, at best by
by obtaining a CU Outils de l'amiable followed by a CU Médiation. - Or the participant has completed the DU (6 compulsory modules) and can claim to hold a DU MARD, which applies to lawyers since the compulsory program covers the various MARDs likely to be practiced by lawyers (negotiation, mediation, collaborative law, participative procedure).
A University Diploma is awarded for the academics course.
ACADEMICS :
- academics arranged over 2 days:
- Friday, 8:30am to 12pm and 1:30pm to 5pm,
- Saturday from 8:30am to 12pm and from 1pm to 4:30pm,
and concentrated over 8 months (from the beginning of October to the end of May) to fit in with participants' professional activities. - Active teaching method, alternating theoretical input and practical exercises.
- Involvement of professionals with expertise and experience in the MARD field.
- DU MARD recognized by the AFPDC and meeting CNMA requirements
- Possibility of capitalizing on DU MARD modules by obtaining a University Certificate (CU): CU Outils de l'amiable, CU Médiation.
COMMON TRUNK |
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Modules and materials | Nb. of h | Speakers | |
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Module 1: Conflicts / 21 h | |||
Integration and introduction to amicable dispute resolution methods | 2h | C. Ollagnon-Delroise | |
Sociology of conflict ● Negative conflict, positive conflict ● Typology of conflicts ● Different dimensions of conflict (economic, legal, technical, cultural, historical, social, psychological, emotional, etc.) ● Various approaches to conflict |
5h | S. Schehr | |
Conflict dynamics | 7h | C. Bonnelle | |
7h | C. Bonnelle | ||
Module 2: Tools for amicable conflict resolution / 74 h | |||
Interest-based negotiation: ● shift from positional bargaining to interest-based bargaining ● Harvard method ● Fiutak method ● Setting the scene |
7h | C. Ollagnon-Delroise C. Imhoos |
|
Negotiation methods and role-playing | 7h | C. Ollagnon-Delroise C. Imhoos |
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7h | C. Ollagnon-Delroise C. Imhoos |
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Cognitive psychology, neuroscience and brain biology | 7h | H. Bonis-Montoyat | |
Emotional intelligence and collective intelligence | 7h | H. Bonis-Montoyat | |
Interview and communication techniques, active listening tools (questioning, reformulation) Case studies |
7 h | D. Dollois | |
NLP (neuro-linguistic programming) tools Role-playing |
7h | D. Dollois | |
NVC (non-violent communication) tools Case studies |
7h | D. Dollois | |
Practical application of tools: active listening, NLP, NVC | 7h | D. Dollois | |
Deadlock situations in mediation and negotiation Case studies |
7h | N. Simonnet | |
Putting into practice the various tools of the mediator and negotiator (approach borrowed from active listening, NLP and NVC) | 4h | ||
MODULE SELECTION |
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Modules and materials | Nb. of h |
Speaker | |
Module 3: Mediation / 49 h | |||
Module 3.1: The mediation framework / 14 h | |||
Regulations, ethics and mediation agreements (wording, content, strength, etc.) | 7h | B. Gorchs-Gelzer | |
Module 3.2: Mediation practice / 21 h | |||
Mediation process and method: stages, conduct, mediator's posture, asides, role and place of the lawyer in the process, place of the law, specific features of online or remote mediation. | 7h | C. Imhoos S. Thomas |
|
Role-playing as a mediator and sharing experiences with mediators | 7h | C. Imhoos S. Thomas |
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7h | C. Imhoos | ||
Module 3.3: Experimenting with mediation / 7 h | |||
Remote mediation, online mediation | 7h | R. Gellé | |
Module 3.4: Specialization / choice of at least 2 modules / 7 h each | |||
1. Social or labor mediation 2. Family mediation 3. Commercial mediation 4. Administrative mediation 5. Criminal mediation |
7h every |
E. Gradt (1) C. Bonnelle (2) M. Neukirch de Maistre (3) C. Cottier (4) J-P. Pastor (5) |
|
Module 4: Conciliation / 11 h | |||
Module 4.1: The conciliation framework / 7 h | |||
Regulations : ● conventional conciliation ● judicial conciliation ● judicial conciliation Deontology and responsibility Specificities of conciliation: difference conciliation/mediation, conduct, posture of the conciliator, place of the law |
7h | B. Gorchs-Gelzer | |
Module 4.2: Specialization /1 module of your choice at least / 4 h each | |||
1. Judicial and extra-judicial conciliation by the conciliateur de justice 2. Industrial tribunal conciliation: active role of industrial tribunal members (informing parties of their rights, respecting public social order) 3. Commercial conciliation (commercial court practice) |
4h | G. Cuzin and G. Lambert C. Laverne and R. Bouricha G. Cuzin and G. Lambert |
|
Module 5: Collaborative Law / 25 h | |||
Module 5.1: Introduction to the process and pillars of collaborative law / 7 h | |||
● History of collaborative law ● Six-step process (storytelling, expression of interests, objectification phase, options, offers and agreement) ● Pillars of collaborative law (Teamwork, Confidentiality, Absolute transparency, Use of third parties (technicians, therapists, mediator, interested parties, coach, etc.), No recourse to contentious judge, Withdrawal clause) ● Putting the first appointment into practice (first contact with the customer, then with the colleague, test appointment, signing an agreement) |
7h | C.Ollagnon-Delroise S. Thomas |
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Module 5.2: Putting the process into practice and integrating amicable resolution tools / 18 h | |||
Practical application of the process step by step and between each step: preparation for each meeting, the meetings themselves, provisional agreements, the final agreement, the role of the collaborative lawyer. | 7h | C.Ollagnon-Delroise S. Thomas |
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7h | C.Ollagnon-Delroise S. Thomas |
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4h | C.Ollagnon-Delroise S. Thomas |
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Module 6: Participatory procedure / 14 h | |||
Module 6.1: The framework and conduct of the participatory procedure / 7 h | |||
● Regulations: phases, objectives (preparation or amicable settlement of the dispute), particularities (comparison of participatory procedure/collaborative law/third-party posture; absence of disclaimer clause, difficulties concerning confidentiality) ● The different stages ● Drafting documents: letters between colleagues, participatory procedure agreement (content: delimitation of dispute and negotiation, confidentiality clause), joint motion for judgment or for homologation and judgment. |
7h | S. Albertelli B. Gorchs-Gelzer |
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Module 6.2: Specific features of participatory proceedings / 7 h | |||
● Connections between participatory procedure and family law or commercial law or labor law ● Participatory procedure for the preparation of a case (lawyer's pleadings) ● How to make the participatory procedure work for you? |
7h | S. Albertelli | |
Module 7: Scope of amicable dispute resolution (choice of mod. 7.1 or/and 7.2 or/and 7.3) | |||
Module 7.1: Divorce by mutual consent by private deed countersigned by lawyers and registered with a notary / 7 h | |||
● The framework (procedural specifics, tools) ● Sharing experiences with professionals |
7h | S. Delorme | |
Module 7.2: Conflict management / 28h | |||
Various types of conflict, signs of conflict, various tools for preventing and managing conflict in the workplace, objective choices and limitations of tools, integrating tools into job performance | 7h | H. Bonis-Montoyat | |
Psychosocial risk management | 7h | H. Bonis-Montoyat | |
Experimenting with mediation in labor disputes (shared with module 3.3) | 7h | E. Gradt | |
Experimenting with collective or team mediation | 7h | E. Gradt | |
Module 7.3: Managing construction conflicts / 7 h | |||
● Mediation with the insurer ● Mediation and expertise |
7h | C. Amar | |
Module 8: Agreements between parties / 7 h | |||
● Different types of deeds, regime, strength and constraints: transaction, memorandum of understanding, unilateral undertaking, etc. ● Drafting deeds ● Lawyer's deed ● Enforceability |
7h | B. Gorchs-Gelzer | |
STAKEHOLDERS |
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Albertelli Sylsie, lawyer at the Lyon bar, specializing in family, property and real estate matters, trainer in the collaborative process for the AFPC, qualified professional with the ANAMJ. | |||
Amar Claude, architect, hotel developer, mediator accredited by numerous international institutions, conflict prevention and resolution consultant | |||
Bonis-Montoyat Hélène, psychoanalyst, mediator, conflict management trainer, former company director | |||
Bonnelle Claire, mediator, holder of the DEMF, trainer, professional practice analysis facilitator, author of "La dynamique du conflit, au cœur de la pratique d'une médiatrice familiale" (Érès, 2016) and "La médiation d'Adèle" (Trajets, 2019). | |||
Bouricha Rachid, former Chairman of the Chambéry industrial tribunal, employee representative in Aix-les-Bains | |||
Cottier Céline, senior advisor to the Lyon administrative court of appeal, mediation referent, member of the "justice and mediation" committee | |||
Cuzin Gérard, judicial conciliator, ENM trainer | |||
Delorme Sophie, lawyer at the Chambéry bar, mediator listed in the CNMA directory and on the list of mediators at the Chambéry court of appeal, practitioner of collaborative law. | |||
Dollois Dominique, honorary member of the Paris Bar, mediator, supervisor | |||
Gellé Rosina, mediator and head of consumer mediation activities for the associations MEDIATION-NET Consommation and MÉDIATEURS DU SPORT | |||
Gorchs-Gelzer Béatrice, lecturer in private law and criminal sciences, Université Savoie Mont Blanc | |||
Gradt Emmanuel, founder of Étayages, work psychologist, mediator - Interventions, training, consultations | |||
Imhoos Christophe, mediator, arbitrator, conflict coach, attorney-at-law in Geneva and on the Riviera (Vevey and Montreux) - Switzerland, lecturer in negotiation and mediation at the University of Geneva, external mediator for the Council of Europe in Strasbourg (for staff and executives of this institution). | |||
Lambert Gérard, justice conciliator, secretary of the association des conciliateurs de justice des deux Savoie. | |||
Laverne Christelle, lawyer at the Chambéry bar, mediator on the list of lawyers at the Chambéry Court of Appeal | |||
Neukirch de Maistre Maud, former member of the Paris Bar, then key account negotiator, holder of the DU de Médiateur de l'IFOMENE and the DEMF, founder of Cabinet Avenir Médiation (FFCM accredited center), conventional and judicial mediator before the Paris and Versailles Courts of Appeal, certified by the Harvard Law School Mediating Disputes program, accredited CEDR Mediator (Centre for Effective Dispute Resolution). | |||
Ollagnon-Delroise Carole, member of the Chambéry bar, mediator on the list of mediators at the Chambéry court of appeal, collaborative law practitioner, collaborative process trainer for the AFPDC, vice-president of the Savoie amiable association. | |||
Pastor Jean-Pierre, penal mediator | |||
Schehr Sébastien, Professor of Sociology, Université Savoie Mont Blanc | |||
Simonnet Nathalie, CNV and CEDR accredited mediator, Director of Émergence, the academics CNV Mediator Institute. | |||
Thomas Sandrine, member of the Chambéry bar, mediator on the list of mediators at the Chambéry court of appeal, practitioner of collaborative law. |
PUBLICS :
PROFESSIONALS
- This academics can be accessed at academics via Validation des Acquis de l'Expérience (VAE) or Validation des Acquis Personnels et Professionnels (VAPP).
Further information on academics academics .continue@univ-smb.fr / 04 79 75 91 82
More information on VAE and VAPP : vae@univ-smb.fr / 04 79 75 91 77 - Any professional (lawyer, judge, bailiff, notary, company lawyer, psychologist, HR manager, occupational physician, customer relations manager, etc.) who integrates conflict management into his or her practice and wishes to acquire skills in this field can apply.
conflict management into their practice and wish to acquire skills in this field can apply. - A jury, made up of the two people in charge of academics (a USMB teacher-researcher and a lawyer specializing in MARD), decides on admission after examining the application and/or interview, within the limits of the DU's capacity.
STUDENTS
- Subject to availability, the DU MARD may be open to students with a 4-year higher education degree enrolled at academics .
- This application can be made in parallel with or independently of enrolment in a Master 2 course, so that you can then demonstrate your skills in MARD, enabling you to integrate more effectively into your professional life.
ADMISSION DEADLINES :
- Send application 15 days before start of academics.
VAPP GATEWAY :
- If you don't have the required diploma, you can access academics via the Validation des Acquis Personnels et Professionnels (VAPP) program: vapp@univ-smb.fr. See our dedicated page.
HANDICAP ACCESSIBILITY :
CAPACITY :
20 registrants
PEDAGOGICAL ORGANIZATION :
EDUCATION
The DU MARD represents a total volume of 200 hours. Participants must enroll in the 6 compulsory modules, namely modules 1, 2, 3, 5, 6 and 8 (190 hours face-to-face + 10 hours personal work to prepare a reading note on a work) to acquire the DU MARD.
To deepen their knowledge of the basic academics 200-hour course, they can also register for one or more optional modules, including 4, 7-1, 7-2 and 7-3.
■ Sociology, psychology and dimensions of conflict ■ Negotiation techniques ■ Cognitive psychology, neuroscience and brain biology ■ Emotional and collective intelligence ■ Communication techniques (active listening, NLP, NVC) ■ Mediation ■ Conciliation ■ Collaborative law ■ Participatory procedure ■ Divorce by mutual consent ■ Conflict management in business and construction ■ Agreement of the parties.
GRADUATION PROCEDURES
Assessment takes place at the end of the cycle and comprises two tests:
- a reading note;
- an oral presentation to a panel of judges on the practical application of mediation and collaborative law (case study and role-play).
The award of the DU is conditional on :
- completion of the 6 compulsory academics modules over 1 or 2 academic year(s),
- obtaining an average of 10/20 in the assessment.
CU TOOLS FOR AMICABLE SETTLEMENT AND CU MEDIATION
Participants with 2 years of higher education who are not lawyers can enroll in certain modules of the DU MARD, which they can upgrade by acquiring a university certificate (CU).
LESSONS AND METHODS FOR OBTAINING CU AMICABLE TOOLS
The CU Outils de l'amiable represents a total volume of 105 hours (95 h. face-to-face + 10 h. personal work to establish a reading note on a work). Participants must register for the 2 compulsory modules, i.e. modules 1 and 2, to acquire the CU Outils de l'amiable.
■ Sociology, psychology and dimensions of conflict ■ Negotiation techniques ■ Cognitive psychology, neuroscience and brain biology ■ Emotional and collective intelligence ■ Communication techniques (active listening, NLP, NVC)
Assessment is organized at the end of the cycle and includes 1 test: a reading note.
The granting of the CU is conditional on :
- complete the 2 compulsory modules of the academics,
- obtaining an average of 10/20 in the assessment.
COURSES AND HOW TO OBTAIN THE CU MEDIATION
To enroll in the CU Mediation, participants must have previously validated the CU Tools of amicable settlement. The CU Mediation represents 56 hours of face-to-face training. Participants must register for the 2 compulsory modules, i.e. modules 3 and 8, to acquire the CU Mediation.
To deepen their academics knowledge of amicable settlement tools and mediation, they can also enroll in optional modules 7-2 and/or 7-3.
■ Mediation ■ Conflict management in business and construction ■ Agreement between parties
The assessment is organized at the end of the cycle and includes 1 test: an oral presentation to a jury on the practical application of mediation (case study with simulation).
The granting of the CU is conditional on :
- prior validation of the CU Outils de l'amiable,
- complete the 2 compulsory modules of the academics,
- obtaining an average of 10/20 in the assessment.
Rates for the self-employed and the liberal professions: contact us contact using the form below.
SUCCESS RATE 2022: 90%.
2022 SATISFACTION RATE: 89.2
EDUCATIONAL PROGRAM
- Béatrice Gorchs-Gelzer: Senior Lecturer at the Faculty of Law,Université Savoie Mont Blanc.
beatrice.gorchs-gelzer@univ-smb.fr
Tel. 04 79 75 83 97 - Carole Ollagnon-Delroise: Member of the Chambéry bar - Collaborative law practitioner - Mediator.
REGISTRATION
- Laurence REDOUTEZ
laurence.redoutez@univ-smb.fr
Tel. 04 79 75 91 82
INFORMATION REQUEST academics DU & CU Alternative dispute resolution (ADR)
Ask all your questions about the Diplôme Universitaire & Certificat d'Université Modes amiables de règlement des différends (MARD)!