Dalla Bontà S. (ed.), Le parti in mediazione: strumenti e tecniche. Dall’esperienza pratica alla costruzione di un metodo (2020) is now available in open access.
The book is the result of a synergy between the core team members of the Project. The chapters cover different aspects of the preparation for moot mediation competitions and provide practical tips on how to master the mediation process. Thanks to its interdisciplinary approach, the book is an invaluable tool for those who seek to develop practical skills in mediation and effective communication.
The Competition, organized by the International Chamber of Commerce in Paris, took place online from 7 to 15 February. 47 university teams from 33 countries engaged in several rounds of mock mediations and received feedback from renowned international ADR practitioners.
During the months prior to the Competition, students at Università degli Studi di Trento trained under the guidance of their coaches, assisted by Conflict Managers of Tomorrow (CMT) alumna Silvia Pizzo and non-traveling team member Alice Catalano.
Although not part of the competing team, Alice actively participated in the training sessions and contributed to the group effort that earned Università degli Studi di Trento the Distinction in Creative Solution Generation.
Conflict managers of tomorrow is one of the highlights of my university studies because it provided me with a new point of view about conflicts, underlying the importance of creative solutions and the central role of mediation. It also gave me the opportunity to learn from extremely prepared coaches and work with brilliant colleagues, from whom I understood the importance of team-work.
Alice Catalano (team member)
This accomplishment adds to the list of remarkable results achieved by Università degli Studi di Trento at national and international ADR competitions. Thanks to peer-teaching and feedback-based learning methods, the training within the Conflict Managers of Tomorrow project has proven particularly effective in equipping students with conflict resolution skills and preparing them to navigate a variety of contexts.
Coaching students was an absorbing yet immensely rewarding and enjoyable experience. The training is not only about getting acquainted with mediation techniques. It is an (unfortunately) rare opportunity for law students to hone oral advocacy skills and learn to project self-esteem.
Milena Mottola (team coach)
Given the digital format of the Competition, the training at Università degli Studi di Trento was specifically designed to reflect the format of the event. Although training online was undoubtedly challenging for students, the team effectively tackled the issues related to technology and digital environments before and during the Competition.
I had hard times accepting the fact that the Competition would be held entirely online. Nevertheless, the experience proved to be very instructive: not only did it allow me to acquire solid mediation skills, but it also showed me how to properly use technology to effectively communicate with people based in very different and distant parts of the world. On the one hand, modern technology is a blessing as it enables us to participate in events like the ICC Mediation Competition even during a pandemic; on the other hand, however, technology may also cause some inconveniences. During one of our mediation sessions, for example, we encountered several tech-related challenges. Thanks to our preparation, my teammate and I were able to overcome all hurdles and adapt our strategy to the new circumstances. I believe these soft skills of ours will prove extremely useful throughout our careers as lawyers of the 21st century.
Jakob Kathrein (team member)
Due to the pandemic, we had no option but to learn how to manage mediation via videoconference. From the beginning of our training, we used online videoconferencing platforms to get familiar with such applications, learn how to deal with tech-related issues, and effectively communicate online. Without a doubt, this was an important set of skills to acquire: videoconferencing applications and tools are being increasingly used in dispute resolution and this requires abilities that are very different from the ones needed for in-person interaction.
Sebastiano Belfi (team member)
Throughout the training, students participated in several mock mediations, engaged in self-reflection, and received feedback from their peers and coaches. As they progressed through their preparation and the rounds of the Competition, students developed a deeper understanding of mediation and acquired a solid set of practical skills in the field.
The ICC competition and preparatory training have been valuable opportunities to put our theoretical knowledge of mediation techniques into practice. We had to understand when to be assertive or compromise, how to convey our interests to develop solutions for mutual gain, … all this while always actively listening to the other party. At the end of each session, we would share our feedback with our coaches, which made the training and the competition itself unique learning experiences.
Sofia Caruso (team member)
The possibility to put their skills to test in an international competition greatly enriched the team’s experience. Students were exposed to the complexity of multicultural environments, which called for the application of effective communication and interpersonal skills.
Thanks to this incredible opportunity, we had the chance to boost our communication skills and interact with participants from various geographical area and cultural backgrounds. This, of course, proved rather challenging. Due to differences in communicative codes and national accents, it was not always easy to understand one another (all the more so in a virtual environment!), but in the end we all managed to overcome such hurdles and have smooth mediation sessions. Moreover, it was interesting to connect and discuss with other participants and learn how approaches to mediation and legal education vary from country to country. Overall it was a truly enriching experience and, on a personal note, the best way to conclude my path at the Università degli Studi di Trento.
Angela Permunian (team member)
Coaches are extremely proud of the progress students made throughout the training and the Competition.
Thanks to the work and dedication of CMT staff, alumni, and students themselves, students were able to gain hands-on experience in online mediation and develop skills that will prove invaluable in their future career. In spite of the challenges sometimes posed by online environments, the team constantly progressed throughout the rounds of the Competition and made the most out of the experience. As a coach, I am grateful for the opportunities I had to work with the team and facilitate the educational path of such a talented group of students.
Luca De Rosa (team coach)
In congratulating the team for the results achieved, Prof. Silvana Dalla Bontà (CMT Project Coordinator) expressed her satisfaction with the development of the Conflict Managers of Tomorrow project throughout the years.
Students Giorgia Kumada, Riccardo Masaro, Camilla Rinaldi, Alberto Rocco, and Francesca Valastro, coached by Prof. Silvana Dalla Bontà, Mr. Maurizio di Rocco, and Mr. Lorenzo Zoppellari, participated in the 9th edition of the Italian Mediation Competition.
Università degli Studi di Trento added to its long history of achievements at the Italian Mediation Competition by earning the special award for “Best Use of Active Listening Tools”. Coaches and team members are thrilled about the result and extremely satisfied with their performance.
The first issue of the biannual journal Giustizia consensuale, directed by Prof. Silvana Dalla Bontà and Prof. Paola Lucarelli, has been released.
The journal features contributions in Italian and English and touches upon a wide range of issues, including – but not limited to – conflict management, the meaning of justice, and the challenges of globalization and technology in cross-border disputes.
We feel extremely honored and humbled to have received this review, which we are delighted to share:
I have had the pleasure of collaborating with the Faculty at the University of Law in Trento and in particular the innovative Conflict Managers of Tomorrow Project, pioneered by Prof. Silvana Dalla Bontà. As part of this collaboration I have had the pleasure to read this publication. It is written in both Italian and English as it is the result of the project’s long experience in training and coaching students in both languages.
It is a very thorough, detailed and clear analysis of conflict resolution, particularly aimed at students attending mediation competitions. It should be essential reading for any team thinking or preparing to compete. It actually should have a broader audience and has much to inform anyone involved in conflict analysis and dispute resolution, whether lawyers, mediators or parties in dispute.
The publication adopts a practical approach, with contributions from both academics and practitioners. Great store is placed on preparation, both on the part of the lawyers and the parties. This is the case for any real- life mediation. As an author of a role play case study for the ICC used in a semi-final at the competition I found the incisive advice as to how a student should read, analyse, dissect and work through a role play invaluable for anyone preparing for a mediation competition, or indeed planning to engage in mediation. Advice on how to engage with the mediator is illuminating – many mediation advocates would be well served to read this. The advice is given in the context of the ICC competition where parties are encouraged to remain in a plenary session and opportunities for caucuses are limited by the rules. This makes it more pertinent to those reading from jurisdictions where joint sessions are the norm (such as Germany) rather than say the UK and US where for commercial mediations private caucuses are very prevalent.
In addition to the varied topics covered there are comprehensive bibliographies at the end of each chapter which provide excellent springboards for those wanting to research further. The authors have consulted many of the great works on the subject across the globe in a variety of languages and incorporated concepts from different jurisdictions. This makes the work truly international.
Aspects of cross -cultural communication and psychology are also considered and dealt with sensitively and from a global rather than Italian perspective. A useful addition if the publication were to go to a second edition would be a full chapter dedicated to the psychology of conflict, as this forms an important part in negotiation and mediation. A further future addition would be a chapter on online mediation, given that the 16th competition held in 2021 was entirely online. But, of course, it takes time for publications to keep up to date with changes to practice due to world events such as a pandemic.
The inclusion of a real- life experience from a participant at the ICC Mediation competition is invaluable and encouraging. In common with most skills training, the importance of practice and having a “can do” attitude is emphasised. As a judge myself at the competition, I was heartened to read how valuable the feedback from the judges to the teams was and how much the participant felt they improved during the competition as a result of this and the “hands on” practice they gained.
As the old Chinese proverb says, ‘Tell me and I’ll forget; show me and I may remember; involve me and I’ll understand.’ The practical approach to teaching conflict resolution at the University of Trento is exemplified by its enthusiasm for its students to participate in mediation competitions. Further the creation of this excellent publication that serves as a textbook to assist those students in this experience is laudable. Prof. Silvana Dalla Bontà and her colleagues are doing excellent work in developing Conflict Managers of Tomorrow, people we are likely to need increasingly, and who cannot be replaced by AI and the many other technological developments we are seeing in the world.
Congratulations to the team from the Faculty of Law, University of Trento, Italy, for winning the Special Award for Best Creative Solution Generation at the 16th ICC Mediation Competition in February 2021.
Rebecca Attree M.A. (Cantab) International Mediator and Solicitor, London 2021 Visiting Lecturer at faculty of Law, University of Trento, Italy.
The Competition, organized by the International Chamber of Commerce in Paris, took place online from 5 to 11 February. 48 university teams from all over the world engaged in four rounds of mock mediations and received feedback from renowned ADR practitioners. Four teams gained access to the final rounds and the University of Auckland (New Zealand) eventually took the win over the University of Sofia (Bulgaria).
During the months prior to the Competition, UniTN students trained under the supervision of their coaches and benefited from the guidance of CMT alumnae Milena Mottola and Silvia Pizzo. The students’ commitment and dedication earned them the Special Award for Best Creative Solution Generation.
This accomplishment confirms the quality of the training within the Conflict Managers of Tomorrow project and adds to the history of remarkable results achieved by Università degli Studi di Trento at national and international ADR competitions.
Nel quadro della collaborazione con la Facoltà di Giurisprudenza dell’Università degli Studi di Trento, l’organismo di mediazione MedyaPro ha messo a disposizione degli studenti iscritti al corso “Clinica in ADR” la Banca Dati della Mediazione Civile.
La Banca Dati della Mediazione Civile è il primo motore di ricerca nazionale per i professionisti legali e raccoglie oltre 700 provvedimenti dei tribunali nazionali, documenti, notizie, eventi di formazione ed approfondimenti in materia di mediazione.
Gli studenti potranno accedere liberamente e consultare la Banca Dati previa registrazione sul sito www.adrmedyapro.it.
L’iniziativa è stata promossa dall’Avv. Mario Antonio Stoppa (Resp. MedyaPro Lecce e Curatore della Banca Dati) d’intesa con la Prof.ssa Silvana Dalla Bontà (Prof. Associato di Diritto Processuale Civile e Resp. Conflict Managers of Tomorrow Project).