Civil Law Mediation Training Regulation

Original Language Title: Zivilrechts-Mediations-Ausbildungsverordnung

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47. Ordinance of the Federal Minister of Justice on the training of the registered mediator (Civil Law-Mediations-Training Ordinance-ZivMediat-AV)

Due to § 29 Civil Law-Mediations-Law, BGBl. I No 29/2003, shall be ordered:

General

§ 1. (1) Insofar as this Regulation

1.

of mediation, is meant by mediation in civil law matters;

2.

speech by the mediator is meant to be the registered mediator or the registered mediator;

3.

other personal names are listed only in male form, they relate to women and men in the same way.

(2) In the case of the enforcement of this Regulation, a specific person shall be entitled to use the gender-specific address or designation in respect of a particular person.

Training Objective

§ 2. The aim of training as a mediator is to obtain the knowledge and skills required for the exercise of mediation.

Scope

§ 3. The training for the mediator comprises a theoretical and an application-oriented part in which the Annexes 1 to 4 the duration of this Regulation, provided that the application of Section 10 (2) of the ZivMediatG does not result in any other case in individual cases.

Contents

§ 4. (1) The theoretical training comprises the training contents specified in Part 2 of the annexes in each of the annexes to the appendices and the application-oriented training, respectively, in the minimum amount of training specified therein.

(2) The application-oriented training also includes the practical implementation of the theoretical training contents under the guidance, support and control of the trainees.

(3) Theoretical training may be associated with application-oriented training, but the theoretical and application-oriented training contents are to be described separately in the certificates.

Taking into account knowledge and skills

§ 5. The extent of the training required in accordance with Appendix 1 shall be reduced in individual cases in accordance with Section 10 (2) of the ZivMediatG (ZivMediatG), in so far as the trainee has acquired knowledge and skills for his other professional activity in the course of his training, which correspond to the training contents listed in the Annex and, in so far as he has gained practical experience in the handling and resolution of conflicts, in the course of his professional activity, in the course of the exercise of mediation.

In-force pedals

§ 6. (1) This Regulation shall enter into force on 1 May 2004, unless otherwise specified in the following.

(2) This Regulation shall enter into force

1.

with regard to the registration of training facilities and courses with the day following the presentation,

2.

with regard to the registration of mediators with 1 March 2004

in force.

(3) § 34 ZivMediatG shall remain unaffected.

Böhmdorfer

Appendix 1

Training content

Minimum units

Part 1
Theoretical Part



Total Part

200

1. Basic principles and development of mediation, including its basic assumptions and guiding principles

12

2. Process, methods and phases of mediation, with special consideration of negotiation and solution-oriented approaches

26

3. Basic principles of communication, in particular the communication, question and negotiation techniques, the discussion and moderation with special consideration of conflict situations

32

4. Conflict Analysis

15

5. Design and application areas of mediation, e.g. individual, co-or team mediation as well as large-group mediation; family, economic and intercultural mediation

20

6. Introduction to personality theories, in particular personality structures, fundamentals of group psychology and psychosocial forms of intervention as well as gender issues

20

7. Ethical questions of mediation, in particular role understanding and attitude of mediators, self-image and human image in mediation

15

8. Basic legal provisions

40

9. Basic principles of economic relations

20

Part 2

Application-oriented part



Total Part

165

1. Individual and group self-experience

40

2. Practice seminars for practice in mediation techniques using role-playing, simulation and reflection

58

3. Peer group work

24

4. Case Work

17

5. accompanying participation in the Praxissupervision in the field of mediation (of which 3 units are individual supervisions)

26

Total



365

Appendix 2

Training content Attorneys, notaries, judges, prosecutors and lawyers of the financial procuration, each from the date of the examination of the professional examination; university lecturers from a legal subject

Minimum units

Part 1
Theoretical Part



Total Part

136

1. Basic principles and development of mediation, including its basic assumptions and guiding principles

8

2. Process, methods and phases of mediation, with special consideration of negotiation and solution-oriented approaches

24

3. Basic principles of communication, in particular the communication, question and negotiation techniques, the discussion and moderation with special consideration of conflict situations

32

4. Conflict Analysis

14

5. Design and application areas of mediation, e.g. individual, co-or team mediation as well as large-group mediation; family, economic and intercultural mediation

18

6. Introduction to personality theories, in particular personality structures, fundamentals of group psychology and psychosocial forms of intervention as well as gender issues

20

7. Ethical questions of mediation, in particular role understanding and attitude of mediators, self-image and human image in mediation

12

8. Basic legal provisions

0

9. Basic principles of economic relations

8

Part 2

Application-oriented part



Total Part

84

1. Individual and group self-experience

20

2. Practice seminars for practice in mediation techniques using role-playing, simulation and reflection

32

3. Peer group work

10

4. Case Work

6

5. accompanying participation in the Praxissupervision in the field of mediation (of which 3 units are individual supervisions)

16

Total



220

Appendix 3

Training content for business managers, business consultants and civil engineers, in each case from a vocational examination; university lecturers from a relevant subject

Minimum units

Part 1
Theoretical Part



Total Part

136 *)

1. Basic principles and development of mediation, including its basic assumptions and guiding principles

8

2. Process, methods and phases of mediation, with special consideration of negotiation and solution-oriented approaches

24

3. Basic principles of communication, in particular the communication, question and negotiation techniques, the discussion and moderation with special consideration of conflict situations

32

4. Conflict Analysis

14

5. Design and application areas of mediation, e.g. individual, co-or team mediation as well as large-group mediation; family, economic and intercultural mediation

18

6. Introduction to personality theories, in particular personality structures, fundamentals of group psychology and psychosocial forms of intervention as well as gender issues

20

7. Ethical questions of mediation, in particular role understanding and attitude of mediators, self-image and human image in mediation

12

8. Basic legal provisions

8

9. Basic principles of economic relations

0 *)

Part 2

Application-oriented part



Total Part

84

1. Individual and group self-experience

20

2. Practice seminars for practice in mediation techniques using role-playing, simulation and reflection

32

3. Peer group work

10

4. Case Work

6

5. accompanying participation in the Praxissupervision in the field of mediation (of which 3 units are individual supervisions)

16

Total



220 *)

*) additional 8 minimum units for civil engineers

Appendix 4

Training content for psychotherapists, clinical psychologists and health psychologists, in each case from registration; life and social counsellors and social workers, each with three years ' professional experience

Minimum units

Part 1
Theoretical Part



Total Part

136

1. Basic principles and development of mediation, including its basic assumptions and guiding principles

8

2. Process, methods and phases of mediation, with special consideration of negotiation and solution-oriented approaches

24

3. Basic principles of communication, in particular the communication, question and negotiation techniques, the discussion and moderation with special consideration of conflict situations

12

4. Conflict Analysis

10

5. Design and application areas of mediation, e.g. individual, co-or team mediation as well as large-group mediation; family, economic and intercultural mediation

18

6. Introduction to personality theories, in particular personality structures, fundamentals of group psychology and psychosocial forms of intervention as well as gender issues

5

7. Ethical questions of mediation, in particular role understanding and attitude of mediators, self-image and human image in mediation

12

8. Basic legal provisions

35

9. Basic principles of economic relations

12

Part 2

Application-oriented part



Total Part

84

1. Individual and group self-experience

20

2. Practice seminars for practice in mediation techniques using role-playing, simulation and reflection

32

3. Peer group work

10

4. Case Work

6

5. accompanying participation in the Praxissupervision in the field of mediation (of which 3 units are individual supervisions)

16

Total



220