Legal Mediation 2200-FOR41

The goal of the course is to:
- familiarize students with new methods to resolve legal disputes, such as mediation, negotiations and other ADR.
- present a different approach to conflict resolution by lawyers
- present the opportunity for application of mediations and other ADR by lawyers
- familiarize the students with Polish, foreign and EU laws in relation to dispute resolutions.

The course will include the following topics:
Alternative Dispute Resolution (ADR) – types, reasons to apply, types of cases in which they may be used
Differences between mediation, court proceedings and arbitration
Conflict – sources, definitions, approaches, and ways to deal with the conflicts
Effective communication skills
Mediation - definition, rules, types, advantages of effective mediation
Mediation in selected fields of law- commercial, family civil, labor and academic disputes.
Law and lawyers roles in mediation

Rodzaj przedmiotu

nieobowiązkowe

Tryb prowadzenia

w sali

Założenia (opisowo)

The course is design for foreign students who participate In the Erasmus program and have a thorough knowledge of English. The course will include teaching techniques such as class discussions, skills exercises, simulations, which require an active participation of the students. Because of a discussion on a wide variety of law topics (civil law, family law, labor law, criminal law) all students should be familiar with these diverse topics.

Koordynatorzy przedmiotu

Ewa Gmurzyńska

Efekty kształcenia

After participation in the course students will:
Have a basic understanding of ADR methods.
Know the difference between mediation, negotiation, arbitration, and court proceedings
Have a knowledge of Polish and European Union regulations in regard to mediation and other ADR
Have the Knowledge of basic effective communication skills which may be used in any type of conflict including everyday conflicts
Hold the ability to effectively analyze a conflict and find different ways to approach them
Understand basic types of negotiation
Understand in what types of conflicts mediation may be applied to, the definition, rules and principles of mediation, basic skills to conduct mediation, as well as the roles of lawyers in mediation

Kryteria oceniania

Because of the practical nature of the course, (teaching by participation in skill exercises and class discussions) attendance is mandatory. Unexcused absences to more than 3 class sessions will result in failing the course. Students are also expected to actively participate in class discussions and exercises. The course will end with a written examination based on topics discussed in class. During the course of study students may also prepare, on a voluntary basis, a short--15 minutes, presentation on mediation. The presentation would positively influence the student’s final grade. At the end of the class students will prepare a final paper.

Literatura

Menkel-Meadow, Love, Schneider, Mediation, Practice, Policy and ethics, NY 2005, selected chapters
D. Peters, E. Gmurzyńska, Yes We Can: Overcoming Barriers to Mediating Private Commercial Disputes, Przegląd Prawniczy Uniwersytetu Warszawskiego 2008, Nr
Guthrie, Inside the Judicial Mind, Cornell Law Review 2001, Nr 86
Cochran R.F., Educating Clients on ADR Alternatives, Los Angeles Lawyers, October 2002
Daicoff S.S., Lawyers Know Thyself: A Review of Empirical Research on Attorney Attributes Bearing on Professionalism, American University Law Review 1997, Nr 46
Meakel-Meadow C., The Trouble with Adversary System in Postmodern, Multicultural World, William & Mary Law Review 1996, Nr 38
Sherman, Peppet, Process of Dispute Resoltutions, NY 2002, selected chapters

Więcej informacji

Dodatkowe informacje (np. o kalendarzu rejestracji, prowadzących zajęcia, lokalizacji i terminach zajęć) mogą być dostępne w serwisie USOSweb:

Strona przedmiotu 2200-FOR41 w USOSweb