Students have also filled in evaluation forms for the course. Among 10 questionnaires all students believe that the lawyer needs ADR skills as well as ADR course.

Answers for the third question of the questionnaire «What skills have you possessed?» can give some ideas about the particular results of the course for students. There were the following answers: understood completely new approach to conflict resolution, what is conflict, its nature, forms and reasons; learnt tactics of principled negotiations, how to behave oneself in negotiation process, learnt to differentiate positions and interests, to seek for common interests with opposite party, to manage a conflict. There were also interesting answers like «I learnt to behave myself more prudently in normal life; to think first and than to act, to find various solutions for hard situation in my life». These answers show that the students learnt not only course content as it was aimed by the program of the course but also have got useful life skills that they could use in every-day life.

This is also proved by the answers to the fourth question «Where will you use these skills?». 10 students answered that they will use ADR skills in their work and legal practice irregardless to where they will work. 5 students noticed that they would use ADR skills also in everyday life in all spheres. One student will teach parents and friends ADR skills.

For the fifth question «How do you assess the content of the course», 5 students marked it excellently, 5 students good.

As far as the teacher used active teaching methods the question number 6 released students' attitude to these methods. All of 10 students liked active methods (role-plays, discussions) very much. One student noticed that these methods are worth introducing into other courses.

For the question number 7 "What would you change/add to the course?" 2 students did not want to change/add anything, 4 students think the course just need more time (academic hours), 4 students would add more practical exercises and video with concrete examples, one student would add more theoretical stuff.

For the last question "Would you recommend this course for your friends?" all 10 students answered positively.

Thus, the course was evaluated in general positively. However, it needs more improvements both in theoretical and practical parts. It should be noted that conditions of the pilot course (administration gave less hours than it was supposed by the course structure) did not allow to try the course in the full volume. The Faculty though is satisfied by the results of the piloted course and plans to continue to offer it.

Due to close cooperation with the Ukrainian Mediation Group and Search for Common Ground I am participating in the Project for promoting ADR (mediation and arbitration) in Courts of general jurisdictions (civil divisions) and Arbitration Courts in Ukraine. In particular I am working to develop amendments into current Laws of Ukraine that would facilitate use of ADR by courts and in courts. I have made analyses of current Ukrainian legislation to find out whether ADR fits the existing system. I have analyzed Civil Procedural Code, Arbitration Procedural Code and Criminal Procedural Code of Ukraine. There was made a conclusion that even in the present stage of development of Ukrainian legislation ADR can fit the legal framework. However, all the three Codes need improvement. Arbitration Procedural Code was found to be most undeveloped in regards to ADR. Vital importance of due regulation of commercial relations in Ukraine urges Arbitration Procedural Code to be amended in the first turn. Analyses of legislation is the first step in legal drafting activity to promote ADR in Ukraine, though the most important one. I plan to continue to cooperate with the Ukrainian Mediation Group in legal drafting project. Next step is to develop actual text of amendments and to lobby them in Verkhovna Rada (Parliament of Ukraine).

Apart from analyzing Procedural Codes of Ukraine, I have wrote an article «Discussing the New Draft Law of Ukraine on Third-Party Tribunal (Treteyskiy Sud)» to be published in the Russian magazine «Predprinimatelstvo, khozyaystvo i pravo». Article contains critiques of the draft law on treteyskiy sud proposed by the Legislative Committee of the Verkhovna Rada. The draft has been discussed with Professor Messmann and found to be very pro-Soviet. This draft obviously will cause numerous problems if enacted as a Law.

Publications

Economics and Law Faculty of the Donetsk State University has published a syllabus for the Alternative Dispute Resolution optional course. It includes the calendar plan, the program of lectures and seminars, assignments for individual work of students, questions frequently asked at the examination.

Homepage