Mediation in Commercial Disputes

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Course description

Mediation is an alternative dispute resolution (ADR) method that has become an essential part of legal systems and legal education all over the world. Its institutionalization, as well as wider application requires lawyers to have a practical and theoretical understanding of mediation. Mediation is an increasingly more popular tool to resolve different legal disputes in many countries, including the international arena, in commercial disputes and consumer disputes, and thus it is becoming a universal method for the resolution of many types of conflicts.

The course will focus on mediation rules and processes, as well as international legal framework of mediation, particularly in the European Union. Participants will learn about mediation from a comparative perspective, including differences between court proceedings, arbitration, negotiation, and mediation, and about the distinct role of a mediator, as opposed to a judge or arbitrator. During the course, the participants will learn about the use of mediation by lawyers, as well as the role of lawyers in mediation. Emphasis will be put on effective advocacy in mediation. The participants will also have an opportunity to practice mediation role-playing. Teaching techniques will include: class discussion, presentation of video clips, skills exercises, and mediation role-playing. The course which will be conducted in the form of the workshop will require active class participation.

Key Benefits

Upon completion of the course, participants will be able to:

  • understand the role of mediation in the global world
  • recognize differences between mediation, negotiation and arbitration   
  • build successful dispute resolution strategies based on understanding the nature of mediation in business disputes as the alternative to court proceedings
  • know how to effectively resolve legal disputes through mediation

Course teacher

Associate Professor Ewa Gmurzyńska, Faculty of Law and Administration, University of Warsaw
Read about the instructor

See the course presentation video

Participant profile

Attorneys-at-law; in-house counsel; professionals involved in commercial transactions; postgraduate students.

Questions

Questions about the course should be sent to ibl-summerschool@jur.ku.dk