International Alternative Dispute Resolution 1300-IADR-KPP

Lecture 1: Introduction to ADR and its various forms; the comparative development of ADR in the US and Europe; the rise of international arbitration; International arbitration procedure-UNCITRAL arbitration rules, and the main ADR service providers and their procedural rules; procedural and substantive arbitrability; arbitrator selection and qualification; choice of law issues, including which country’s arbitration law applies; how an arbitration case is tried

Readings: Genn Article, Transorient

Lecture 2: International arbitration law- the New York Convention; arbitrability issues; the enforcement of foreign arbitration awards; the public policy exception in the U.S. and Europe; different approaches to the arbitrability of consumer and labor arbitration matters in the US and EU

Readings: Eco Swiss, Mostaza Clara, Asturcom

Lecture 3: International mediation- EU mediation law- Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters; Ethical issues and rules for European mediators- the European Code of Conduct for Mediators

Readings: Halsey, EU Mediation Directive, Code of Conduct, Draft Report on Mediation

Lecture 4: Special EU rules on consumer mediation and online dispute resolution (ODR) - Directive 2013/11/EU on consumer ADR- its scope, definitions, and principles of neutrality, transparency and effectiveness, and Regulation No 524/2013 on online dispute resolution- definitions of ODR, requirements for national ODR systems, cybermediation and conducting a mediation online; the qualification and training of mediators; prospects for the development of mediation in Europe

Readings: EU Consumer ADR Directive, EU ODR Regulation, Cole Article, Hendley Article, Menini

Total student workload

Lecture - 15 hours. Contact hours - 30 hours. Students' own workload - 75 hours. Preparation for final exam - 60 hours. In total: 180 hours.

Learning outcomes - knowledge

Graduate has: W01 - a thorough knowledge concerning different kinds of public institutions and their functioning in the field of alternative dispute resolution; it covers the comparative context of the USA and European Union regulations in the above-mentioned field. W02 - a thorough knowledge about specification of different legal relations connected with the application of mediation and arbitration. W03- a thorough knowledge about the subjects of different legal relations covered with the alternative dispute resolution; it also concerns the principles of establishment, modification and termination of such legal relations. W04 - a thourogh knowledge about the processes of changes in the field of legal regulations concerning mediation and arbitration.

Learning outcomes - skills

Graduate is able to: U01 - interpret and explain properly the legal and social phenomenons in the field of legal sciences dealing with alternative dispute resolution. U02 - use his/her thorough knowledge in the process of careful and critical analysis of particular legal cases connected with mediation or arbitration procedures. U03 - analyse specific facts and legal aspects connected with alternative dispute resolution as well as can find independently a proper solution of the problem at stake.

Learning outcomes - social competencies

Graduate: K01 - identifies in a proper way both the ethical and moral dilemmas connected with a profession of arbiter or mediator and is able to solve them in a lawful and deontological way. K02 - is able to prepare independently social projects in the field of mediation or arbitration procedures including their legal aspects and social results.

Teaching methods

Lecture on chosen topic connected with the study case

Prerequisites

1. Adequate knowledge of English legal terminology. 2. General orientation concerning the essence and ratio legis of the alternative dispute resolutions.

Course coordinators

Bożena Gronowska

Assessment criteria

Grading: Grades will be based on a final exam (written form)

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 1300-IADR-KPP in USOSweb