Curriculum Guide · Courses

Judge Verougstraete

J.D. Course 281 | 1 credit hours

The course is designed as an investigation of Alternative Dispute Resolution (ADR) in European civil law systems, focusing in particular on mediation and arbitration, the most important ADR procedures in the European experience. We will start with a general introduction to the structure of European civil and penal procedure systems and of the legal professions as part of an integrated system of justice. The course moves to the exploration of traditional alternative forms of dispute resolution in court, i.e., judicial conciliation as a part of the court proceeding, understanding the particular role of the judiciary in Europe, as well as other traditional alternative forms of ADR, which can be ordered by the court, such as conciliation conducted by court experts.

Then, the course will focus on a description of the proper ADR methods, with a short introduction to EU legislation and also to the alternative measures existing under penal justice as forms of restorative justice. We will then turn to: 1) arbitration, and accordingly, the different types of arbitration provided by European legislation; 2) mediation and its development in the context of European civil law; 3) the peculiarities of both arbitration and mediation, taking into account the differences among individual national experiences; and 4) the structure of ADR systems in Europe, examining the role of both lawyers and ADR providers.

Professor Musumeci will participate as a guest lecturer in this course.

Prerequisite: A prior course on Negotiations, Mediation or Alternative Dispute Resolution, or Civil Procedure.

WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 10, 2011, through Friday, January 14, 2011, 1:00 p.m. - 4:00 p.m. This course is mandatory pass/fail and will count toward the 7 credit pass/fail limit for J.D. students. Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until Monday, January 10, 2011, 5:00 p.m. to drop this course.