University Diploma and University Certificate in Amicable Dispute Resolution (ADR)

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.

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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

Modules and materials Nb. of h Speakers
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
7h C. Ollagnon-Delroise
C. Imhoos
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

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
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
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
7h C.Ollagnon-Delroise
S. Thomas
4h C.Ollagnon-Delroise
S. Thomas
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
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

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

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