This course deals with international business mediation. The first part of this course introduces the participants to basic concepts of negotiation theory. The second (and main) part examines a broad range of legal and practical issues that arise in connection with the various stages of the mediation process: (1) the decision to resort to mediation; (2) the choice of a mediator and of a mediation service provider; (3) the conduct of the mediation proceedings (roles and duties of the mediator; role of the parties; rules governing the proceedings; etc.); and (4) the drafting, implementation and enforcement of the mediation settlement agreement. The third part of this course focuses on the specific problems that arise from the combined use of mediation and arbitration.
- Familiarity with basic concepts of negotiation theory;
- Familiarity with the legal framework governing international business mediation;
- Awareness of the potential advantages of mediation vis-à-vis other dispute settlement mechanisms and ability to identify disputes that are particularly suitable for resolution by mediation;
- Understanding of key legal issues arising in the context of international business mediation and their solutions under several international legal instruments and domestic laws;
- Knowledge of the specific legal and practical problems arising in relation with the combined use of mediation and arbitration;
- Understanding of the key features of the mediation process and the roles played by the various participants.
Assessment for this course will be based on class participation (20%) and a final examination (80%).