Legal Mediation

These classes are dedicated to legal, theoretical and practical aspects related to alternative methods of conflict resolution, such as negotiation, mediation, and other ADR. Classes will also focus on different approach to legal conflicts, roles of lawyers in mediation and other ADR. Mediation from a comparative perspective will be the focus of this class. The students will analyze regulations of mediation in different legal systems as well as European Union regulations. Students will have in-class discussion about mediation as well as mediation simulations to familiarize them with differences between court proceedings, mediations and arbitrations. Classes will also focus on legal conflicts, different approaches to conflicts, effective communication skills, basic theory of mediation and the main principles and skills of mediation.

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

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

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

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.