This course examines theoretical, legal, and practical aspects of international business mediation. It explores some fundamental works in the field of negotiation theory including Ury and Fisher’s Getting to Yes and Brett’s Negotiating Globally. It discusses, from a comparative perspective, a broad range of legal issues including the enforceability of mediation clauses, the rights and duties of mediators, the confidentiality of the mediation proceedings, the enforcement of mediation settlement agreements, and legal issues resulting from the combined use of mediation and arbitration. This course also examines practical aspects of international business mediation such as the drafting of mediation clauses and mediation settlement agreements, the various roles and functions of mediators, the conduct of mediation proceedings, and case studies.
- 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%), a written assignment (30%), and a final examination (50%).