|
Intended
Audience:
Judges, lawyers, non-lawyer professionals, executive branch government
officials, judicial officers, officials of judicial and legal training
units, and court administrators.
Course
Objectives:
This course familiarizes participants with alternative methods of dispute
resolution (ADR). The firs part of the course examines the legal issues
involved in international commercial arbitration; the second part introduces
to the goals and techniques of mediation. The emphasis throughout is on
the development of practical skills.
Course
Outline
Pros
and Cons of International Arbitration
- Conciliation,
arbitration and mediation versus litigation in the country of one party
or in a third country
- Arbitration
between private parties and governments or government agencies
Legal Issues in International Arbitration
- National
Arbitration Laws
- Treaties,
including the New York Convention and ICSID Convention
- Choice of governing law
- Validity and scope arbitration agreements
- Role of
the courts: judicial review and enforcement of awards; judicial assistance in the arbitration process
- Investment
disputes
- Sovereign
immunity
The Arbitral Process
- Designing
the process: drafting the arbitration clause
- Choice of rules of arbitration
- Conduct
of proceedings: initiating arbitration, constituting the tribunal, establishing
terms of reference, discovery of documentary evidence, interim relief, submitting testimony,
hearings, and awards
- Arbitrator ethics and challenges to arbitrators (participants will play role of counsel or arbitrator in a mock international arbitration)
How Mediation Works
- Mediation
defined
- Why parties
should mediate
- The many
roles and attributes of a mediator
Mediation Tools and Principles
- Changing
patterns of communication
- Intervention
principles
- Listening
and questioning skills
- Stages
in mediation
- Problem
identification
- Agreement
writing
The Role of Advocate
and Litigant
- How to
prepare for the mediation
- How to
devise a settlement strategy
- How to
advocate for yourself and your client
- How to
manage your client during mediation
|