Mediation in Civil and Criminal Matters and Restorative Justice Single channel

Chair (Coordinator) and Rapporteur: SILVIA MAZZONI

Module 1: Mediation in Civil and Criminal Matters and Restorative Justice

Activity type
Psicologia dinamica e clinica
SSD
M-PSI/07
Year
N/D
Semester
N/D
CFU
3
Hours distribution
36 laboratory hours
Lecturers
CLAUDIA CHIAROLANZA

Module 2: Mediation in Civil and Crimanl Matters and Restorative Justice Lab

Activity type
Psicologia dinamica e clinica
SSD
M-PSI/07
Year
N/D
Semester
N/D
CFU
6
Hours distribution
48 classroom hours
Lecturers
SILVIA MAZZONI

Objectives

Through lectures, the student may acquire the knowledge and skills of the psychologist in the methods of resolving conflicts alternative to the use of the decision by the Judge (Mediation in the Civil field) or complementary to the judgment of a crime that has resulted in damage (Mediation in the criminal field).
The study of the nature and expressive modes of conflicts will allow to understand and enhance the psychological processes that allow to emerge resources both for the achievement of dispute resolution and for a reparation in the interpersonal relationship between the conflicting parties or between the offender and victim. The course is therefore aimed at developing knowledge and skills on the collaboration of the psychologist in the context of the interventions of Alternative Dispute Resolution and in that of Restorative Justice. The interventions aimed at repairing the damage will be studied both in the criminal field (especially juvenile) - where the result is the re-education of the offender with the active participation of the victim and the civil community - and in the civil field, especially when the damage is produced on the child (effects of the parental conflict on the children; mistreatment, abuse and neglect).
A specific focus on conflict in family relationships – for example during separation and divorce –, will allow students to gain knowledge about the different forms of intervention for parenting support (from preventive to harm reduction) for separated parents: Family Mediation and Parenting Coordination. The study of conflict in the parental couple will also provide an insight into the different forms of domestic violence (IPV).

Learning outcomes

Knowledge and understanding
Passing the examination guarantees to be able to understand and use the most widespread and im-portant methodological tools for the evaluation of the complexity of intersubjective human relations and to know and understand the variety of the psychologist's interventions in the psychological-forensic field. In particular, the student will have to develop skills to understand the specificity of interventions that re-quire the integration of different disciplines - interdisciplinary - and of different roles in legal and judicial proceedings.
Applying knowledge and understanding
Passing the exam guarantees to know how to use some coding systems and to distinguish the levels of the observation (microanalytic, mesoanalytic, macroanalytic). In addition, students will experience the application of the multimethod procedure (direct observation and self reports). Through video watching and role playing, students will experience the application of knowledge for the family interview. Students will thus be able to understand how the knowledge of the Psychologist can be applied through the inte-gration with the Family Court in different stages of legal procedures.
Making judgments
Passing the exam implies the acquisition of the ability to critically and creatively judge the methodolo-gies of data collection related to the complexity of family relationships and the interventions to encour-age change. Students should be able to judge the differences and possible integrations between para-digms and methodologies applied to the study of the human relationships: attachment and intersubjec-tivity; dyadic and family observations; interventions on interactions and interventions on representations; psychoeducation. Students will also acquire awareness of the ethical implications of the work of the Psychologist who collaborates with the justice system.
Communication skills
Through the study of international literature, students acquire the ability to use specific language to de-scribe different aspects of family dynamics. They will be guided to distinguish the authors of "protected designation of origin" who have put into use a new scientific terminology. At the same time, students will examine the structure of the most important articles in the research area to evaluate the guidelines and objectives of the published studies. After developing the ability to observe intersubjective dynamics, students will observe a legal or judicial case study and produce an evaluation report suitable for com-munication with a Judge.
Learning skills
Passing the exam implies the acquisition of transversal learning skills common to the logic and practice of relationship observation, which will allow the student to deepen the principles and the use -in the course of his academic and professional career -of the methods of external evaluation compared with those of internal evaluation. The learning will also allow to learn basic concepts implicit in the relational turn of different disciplines of psychology.
After the course, students will be able to learn other assessment tools (for example, Psychodiagnostic Tests) and get to define a multi-method procedure necessary to answer different questions of the Judge or to offer an integrated project of intervention.

Prerequisites

The necessary prerequisites are: the basics of development, with particular reference to the theory of attachment and intersubjectivity (Developmental Psychology and Dynamic Psychology) and the basic notions of Research Methodology. It is useful for students to know the construct of life cycle of the family.

Programme

Module: Mediation in Civil and Criminal Matters and Restorative Justice
The Family and Criminal Mediation, and Reparative Justice Laboratory is structured in 36 hours and it will be developed according to a multi method structure with the use of questionnaires and coding systems.
In particular, the following topics will be deepen during the laboratory class:

analysis of the conflictual processes (12 hours);
problem solving and active listening techniques (12 hours);
negotiation techniques based on interests (12 hours).



Module: Mediation in Civil and Crimanl Matters and Restorative Justice Lab
A first part (10 hours) will be dedicated to restorative justice which includes practices of welcoming and caring for people, relationships, social communities: all suffering from crime or other offenses and with a need for reparation for damage, rebuilding the sense of trust, to heal the wounds of people and the fractures of the social fabric. A sec-ond part (14 hours) will be dedicated to learning about the Parenting Coordination intervention (book by Debra Carter) and in particular 4 models of parenting plan: basic, highly structured, long-distance, for safety. Watching videos will allow to learn about the Parenting Coordinator's practice necessary for building a parenting plan. A third party - connected to books - will focus on deepening the functional and dysfunctional dimensions of parenting and coparenting. This part includes classroom exercises carried out through the viewing of videos and the request to the student to put into practice the assessment systems learned (10 hours). A fourth part of the course will illus-trate the general concepts for the study of the family (14 hours).

Books

Module: Mediation in Civil and Criminal Matters and Restorative Justice
Chiarolanza, C., Re, P. (2020) (eds). The identity of Family mediator, Aracne Editrice, Roma.

Lamanuzzi, M. (2024). Restorative justice in cases of gender-based violence against women: Perspectives on shame, Symbolic Interactionism and agency. The International Journal of Restorative Justice, 7(2), 226–249. https://doi.org/10.5553/tijrj.000157 (open access)

Garapon, A. (2022). Justice caught between being and having. The International Journal of Restorative Justice, 5(2), 148–167. https://doi.org/10.5553/tijrj.000126

For the non-attending student community there is an additional text in addition to the previous texts and legislative sources
Palermo G. (2023) Conflict and crime between punishment and restorative justice. Legislative Decree 10 October 2022, n. 150, CEDAM
Knowledge of the main sources: Legislative Decree 149/2022; Ministerial Decree 151/2023 on the profession of family mediator; Legislative Decree 150/2022; New York Convention on the Rights of the Child; Law 54/2006; DPR 448/88
Legislative sources must be integrated into the preparation of the assignments and the final portfolio



Additional information are available here
Classroom code: y2rkcao




Module: Mediation in Civil and Crimanl Matters and Restorative Justice Lab
Carter, D. (2014) Coordinazione genitoriale. Una guida pratica per i professionisti del diritto di famiglia. Franco Angeli. Euro 35
Mazzoni S., Andolfi M., Mascellani A. (2021) La ferita familiare del divorzio. Franco Angeli. Euro 29
Patrizi P. (2019), La giustizia riparativa. Psicologia e diritto per il benessere delle persone e della comunità. Carocci. Euro 21


Bibliography

Module: Mediation in Civil and Criminal Matters and Restorative Justice
References

Deutsch, M, Coleman, P. T., & Marcus, E.C. (2006). The Handbook of Conflict Resolution: Theory and Practice. Jossey-Bass, CA.

Ardone R., Chiarolanza C. (2007). Close relationships. Il Mulino, Bologna.

Strauß, S., & Bondü, R. (2022). Who may punish how? The influence of punisher status, transgression type, and justice sensitivity on the assessment of punishment motives in middle childhood. Zeitschrift Für Psychologie, 230(2), 174–184. https://doi-org.ezproxy.uniroma1.it/10.1027/2151-2604/a000463



Module: Mediation in Civil and Crimanl Matters and Restorative Justice Lab
AGIA (2018). La Carta dei Diritti dei Figli nella Separazione dei genitori. https://www.garanteinfanzia.org/landing2/diritti-dei-figli-nelle-separazioni.html.

Ammaniti M., Gallese V. (2014). La nascita dell’intersoggettività. Lo sviluppo del Sé tra psicodinamica e neurobio-logia. Milano: Raffaello Cortina.

Austin W.G., Fieldstone L., Pruett M.C. (2013). Bench Book for Assessing Parental Gatekeeping in Parenting Dis-putes: Understanding the Dynamics of Gate Closing and Opening for the Best Interests of Children. Journal of Child Custody, 10:1–16. DOI: 10.1080/15379418.2013.778693

Bronfenbrenner U. (1979). The Ecology of Human Development. Cambridge MA: Harvard University Press (trad.it. Ecologia dello sviluppo umano. Bologna: Il Mulino, 2002).

Cummings E.M., Davies P.T. (2011). Marital conflict ancd children: An emotional security perspective. New York: Guilford Press (trad.it.: Il conflitto coniugale e i figli. La prospettiva della sicurezza emotiva. Roma: Borla, 2013).

D’Alessio M., De Stasio S. (2007). Psicologia e processi educativi. Sviluppo, apprendimento e relazioni in età scola-re. Roma: Carocci.

Favez N., Lopes F., Bernard M., Frascarolo F., Lavanchy Scaiola C., Corboz-Warnery A., Fivaz-Depeursinge E. (2012). The Development of Family Alliance From Pregnancy to Toddlerhood and Child Outcomes at
5 Years. Family Process, 51: 542-556. DOI: 10.1111/j.1545-5300.2012.01419.x

Fivaz-Depeursinge E., Lavanchy-Scaiola C., Favez N. (2010). The Young Infant's Triangular Communication in the Family: Access
to Threesome Intersubjectivity? Conceptual Considerations and Case Illustrations, Psychoanalytic Dialogues: The International Journal of Relational Perspectives. 20: 125-140. DOI: 10.1080/10481881003716214

Fivaz-Depeursinge E., Philipp D.A. (2015). The Baby and the Couple. Understanding and treating young families. New York: Routledge (trad.it Il bambino e la coppia. Comprendere e trattare le famiglie con bambini in età presco-lare. Milano: Raffaello Cortina, 2015).

Kelly JB, Johnston JR (2001), The alienated child: a reformulation of parental alienation syndrome. Family Court Review, 39: 249-266. DOI: 10.111/j.174-1617.2001.tb00609.

Kerig P.K., Lindahal K.M. (2001). Family Observational Coding Systems. Resources for systemic research. New Jer-sey: Lawrence Erlbaum (trad.It. Sistemi di codifica per l’osservazione delle relazioni familiari. Milano: Angeli).

Kerig. P. K. (2005). Implication of parent-child boundary dissolution for development psychopathology. Who is the parent and who is the child? New York: Routledge, 2013.

Koren-Karie, N., Oppenheim, D. (2018). Parental insightfulness: restrospect and prospect. Attachment & Human Development, 20-3: 223-236. DOI: 10.1080/14616734.2018.1446741

Lichtenberg J.D., Lachmann F.M., Fossage J.L. (2011). Psychoanalisis and Motivational Systems. A New Look. New York: Routledge (trad.it. I sistemi motivazionali. Bologna, Il Mulino, 2012).

Malagoli Togliatti M., Lubrano Lavadera A. (2011). Bambini in Tribunale. L’ascolto dei figli “contesi”. Milano: Raf-faello Cortina.

Mc Connel M.C., Kerig P.K. (2002). Assessing Coparenting in Families of School-Age Children: Validation of the Coparenting and Family Rating System. Canadian Journal of Behavioural Science, 34: 44-58.

Mc Hale J., Kuersten-Hogan R., Lauretti A. (2001) Evaluating Coparenting and Family-Level Dynamics During In-fancy and Early Childhood: the Coparenting and Family Rating System. In Kerig, Lindahal (2001).

Mc Hale J.P. (2007). Charting the Bumpty Road of Coparenthood: Understanding the Challenges of Family Life. Zero to Three (trad. It. La sfida della cogenitorialità. Milano: Raffaello Cortina, 2010).

Minuchin S. (1974). Families and Family Therapy. Cambridge: Harvard University Press (trad.it. Famiglie e tera-pia della famiglia. Roma: Astrolabio-Ubaldini.

Peris T.S., Emery R.E (2005). Redefining the parent-Child relationship Following Divorce: Examining the Risk for Boundary Dissolution. In Kerig (2005).

Sander, L. (2007). Sistemi viventi. L’emergere della persona attraverso l’evoluzione della consapevolezza. Milano: Raffaello Cortina.

Williamson D.S. (1991). The intimacy paradox. Personal Authority in the Family System. New York: Guilford Press.

ZERO TO THREE. (2016). DC:0–5™: Diagnostic classification of mental health and developmental disorders of in-fancy and early childhood. Washington, DC: Zero to Three.

Convenzione Internazionale sui Diritti dell’infanzia e dell’adolescenza. Testo disponibile al sito: https://www.unicef.it/doc/599/convenzione-diritti-infanzia-adolescenza.htm, 2019.

Convenzione europea sull’esercizio dei diritti dei minori. Testo disponibile al sito: https://www.coe.int/it/web/conventions/full-list/-/conventions/treaty/160,


Lessons mode

The adopted didactic model combines and integrates several models: lectures, exercises, simulations, field work, preparation of reports for the case studies, use of telematic supports.

Frequency

Optional even if recommended

Exam mode

The aim of the test is to allow an assessment of the acquired theoretical knowledge and the ability to integrate this knowledge with the skills in observing the family relationships that are required to build a clinical report on a case.Two intermediate tests will concern the acquisition of the coding skills of observational data.
A test at the end of the course will concern the analysis of a case to answer any questions from the Judge.
For those who have done the intermediate tests, the exam will only cover the theoretical aspects of the first and third parts of the course. Those who did not attend and did not take part in the intermediate tests, during the ex-am, will have to demonstrate detailed knowledge of the dimensions of functionality and dysfunctionality of family relationships and coparenting.The intermediate tests will be practical: the students observe a video and then write the evaluation.
For the analysis of the case, the students will present a written report.
The regular exam tests at the end of the course, are written: open questions and multiple choice questions.
The general evaluation will be quantitative and expressed in 30/30. An excellent evaluation corresponds to the ability to integrate theoretical and practical aspects. Particular attention will be paid to the correct use of scientific terms and to the recognition of the main authors to whom the acquired knowledge refers.
The intermediate tests and the analysis of the case provide for a qualitative evaluation - insufficient, sufficient, good, excellent - which contributes to 70% of the final evaluation.
What is the relationship between Traditional Justice and Restorative Justice?
How can the community benefit from Restorative Justice projects?
Based on the case presented, what steps should be taken before a Parental Coordination contract
Indicate the evolutionary process of a destructive conflict


Example exam questions

What is the relationship between Traditional Justice and Restorative Justice?
How can the community benefit from Restorative Justice projects?
Based on the case presented, what steps should be taken before a Parental Coordination contract
Indicate the evolutionary process of a destructive conflict

Arguments

Module: Mediation in Civil and Criminal Matters and Restorative Justice

  • Conflict definition

  • The principle of equiproximity



Module: Mediation in Civil and Crimanl Matters and Restorative Justice Lab
  • The concept of repair in psychology

  • introduction of parent coordination

  • Collective intersubjectivity: the development of the child in the family

  • the role of parent coordinator

  • the stages of the separation life cycle

  • other family matters: the technical expert in the case of a request for a name change

  • the role of the father in the family and in separation

  • assessment of parenting skills in the public service

  • IPV in civil separation and divorce proceedings

  • criminal proceedings independent of or parallel to civil proceedings

  • hearing the minor in court

  • guidelines of parent coordination

  • Children of divorce in adulthood

  • the contract in parental coordination

  • high conflict intervention programs

  • Parental coordination guidelines and operating model

  • the dynamics of resistance and refusal

  • parenting plans in parental coordination

  • family psychotherapy in the separation and divorce process

  • parental coordination in cases of allegations of violence

  • Separation and ADR: the lawyer's point of view

  • Parental coordination: the information note


  • Academic year2026/2027
  • Degree program to which the course belongsLegal, Forensic and Criminological Psychology
  • Mandatory presenceNo
  • Languageita
  • CFU9 CFU, distributed among 2 integrated didactic modules
  • Total duration84 hours