Curriculum Guide · Courses

Judge Verougstraete and Professor Musumeci

J.D. Seminar 1057 | 1 credit hours

This seminar will focus on common aspects and differences in the ways in which alternative dispute resolution systems, and particularly mediation, work in the European Union and in some African countries.

A point of departure will be the way that the rules of civil procedure and conflict of laws enacted on the European, national, and regional level interact and how a strategic choice can be made for a particular legal system. The seminar will then analyze the way in which ADR systems effectively work in this complex legal context, particularly in cross-border situations. An emphasis will be placed on the employment of specific, creative approaches in certain legal systems such as the UK, Germany, Poland, Slovenia, Netherlands, Italy, Belgium and others.

A comparison will be made with the ADR systems of selected African countries. The traditional way of solving conflicts in Central African countries (particularly Burkina Faso, Togo and the Congo) will be compared with the mediation techniques of Anglo-American origin, with both approaches being used these days in Africa.

The effect of cultural and of sociological factors on the way mediation is practiced will be explored. Whenever relevant a comparison will be made with the American practice of mediation.

The seminar is an interactive course designed to teach the practice and principles of mediation abroad with emphasis on the legal issues. This should enable the students to formulate a strategy in the choice of the dispute resolution mechanism and to understand the limits of alternative mechanisms.

WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 9, 2012, through Friday, January 13, 2012, 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 9, 2012, 5:00 p.m. to drop this course.