Mediation in Civil and Criminal Matters and Restorative Justice

Course objectives

Students will gain specific knowledge and techniques in the domain of Alternative Dispute Resolution (ADR). Mediation is a form of dispute resolution that allows individuals and/or organizations to find an agreement for resolving their own differences. Besides, students will become familiar with tools for the listening skills, for exploring underlying interests and positions of the contestants (BATNA and WATNA) and possible solutions. Again, during the class, the issues of neutrality and equiproximity will show. In fact, mediators remain neutral throughout the process and the outcome is determined by the parties themselves. Knowledge and understanding: After completing the class, students will demonstrate that they have acquired knowledge and understanding of the key concepts of negotiation techniques which will be useful for civil and penal mediation meetings. Specifically, the following topics will be addressed: conflict management, listening skills, strategies and tactics, collaborative processes, integrative and distributive negotiation, BATNA and WATNA as tools in the development of the negotiation. Applying knowledge and understanding: During the laboratory, students will acquire the ability to apply the knowledge acquired to the case studies through the use of exercises and simulations; students will also be able to recognize situations that require other professional skills, such as the development of the ability to work in team. Making judgements: At the end of the class, students will be able to assess critically the mediation interventions. Moreover, through the exercises and the discussion in class, they will be able to making judgment for topics such as the neutrality issue, and, the transformation of conflict from destructive to constructive. Communication skills: At the conclusion of the class, students will be familiar with the specific vocabulary used both in the international scientific literature and in the contexts of intervention in the domain of civil and penal negotiations. Learning skills: At the end of the class, students will acquire the key notions related to the civil and penal mediation. Besides, they will learn the main techniques of negotiation with particular reference to BATNA and WATNA tools.

Channel 1
CLAUDIA CHIAROLANZA Lecturers' profile

Program - Frequency - Exams

Course program
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).
Prerequisites
Essential knowledge of child developmental psychology, dynamic psychology, family psychology. Again, it is important that students have a basic knowledge of law.
Books
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
Teaching mode
Teaching will combine theoretical and methodological contents with the active participation of the students through group discussions. Each lecture will be articulated in a theoretical introduction to the topic and next, in a critical discussion about mediation.
Frequency
Attending class is mandatory.
Exam mode
It will be scheduled a final written test at the end of the class. The topic of the final written test will be based on divorce and/or the commission of the crimes. For students who will attend the class, there will be 3 tasks which have the goal to enhance students’ creative skills and critical analysis. Tasks will apply to the analyses of clinical cases, drawings and short video which will be shown during the class. All the tasks will contribute to the final grade. The final test has the aim to consider students’ ability to understand and develop a critical and autonomous judgment on the proposed theoretical contents. This competence will be developed during the class through the constant discussion between the students. Students’ ability to make connections between theoretical material and clinical practice will also be assessed. Elements such as the active and constant participation of the students during the class, the ability to use the theoretical material in an autonomous way and, finally, their participation will concur to the final grade. For students who will not attend the class it is necessary the preparation of a portfolio. The portfolio will be structured into: a) summary of a scientific article (max length 4000 characters, minimum length 2000 characters); b) theoretical study of one of the constructs illustrated in the exam texts provided (max length 8000 characters, minimum length 4000 characters); c) description of a case also based on a movie (max length 8000 characters, minimum length 4000 characters); d) Knowledge of the main legal sources e) personal reflections on the article and the entire portfolio (max. 4000 characters and no less than 2000 characters). The scientific articles can be chosen from those published in the proposed journals. For the topic of Family Mediation, students can consult: Conflict Resolution Quarterly; Journal of Divorce & Remarriage. Regarding Criminal Mediation and Restorative Justice it is possible to consult: The International Journal of Restorative Justice https://www.tandfonline.com/toc/rjfp20/current The journal can be requested from the Faculty Library at the following email address bibliotecapsicologia@uniroma1.it Research report should be sent almost 10 days before the official date of the exam. To pass the exam (18 above 30) the student has to show that she/he has adequate knowledge of the program and the ability to use a specific technical language. The maximum grade (30 cum laude) will be awarded to the student who is able to connect theory and clinical practice, showing a critical and autonomous judgment.
Bibliography
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
Lesson mode
Teaching will combine theoretical and methodological contents with the active participation of the students through group discussions. Each lecture will be articulated in a theoretical introduction to the topic and next, in a critical discussion about mediation.
  • Academic year2025/2026
  • CourseLegal, Forensic and Criminological Psychology
  • CurriculumSingle curriculum
  • Year2nd year
  • Semester1st semester
  • SSDM-PSI/07
  • CFU3