CROSS-BORDER & CROSS CULTURAL DISPUTE RESOLUTION
(LAWJ-4078) - 2 UNITS
As the world becomes more globalized it will be imperative for lawyers to understand the role that cultural differences play in practice. In this advanced ADR class, students will have the unique opportunity to learn first-hand about the challenges and rewards involved in an increasingly common area of practice: Negotiating the settlement of cross-border disputes, which is to say disputes involving parties from different cultures, governed by the laws of several different jurisdictions, or involving events occurring in different countries. The cornerstone of the class will be a series of simulations that will be done on-line with students enrolled at universities around the world. Students will also learn about international laws regarding settlement and alternative dispute resolution, such as the EU Directive, the UNCITRAL Model Laws on International Commercial Arbitration and Conciliation, and a new International Convention on the enforcement of mediated settlement agreements that is currently being drafted at the United Nations. The course will be co-taught by Professor Aragaki and Visiting Professor Federico Ferraris from the University of Milano-Bicocca Faculty of Law in Italy. The following courses are strongly recommended but not required: Negotiation Intensive Workshop, Introduction to Negotiations, ADR: Law & Practice, or Mediation Advocacy. There is no final exam, only short written assignments during the semester and a final paper. Interested students are welcome to contact Prof. Aragaki for further clarification. Note: Due to time differences, several out-of-class live video debrief sessions will need to be scheduled throughout the semester either early in the morning or in the evening (i.e., outside our designated class time). In exchange, the regular class hours will be shortened. Students should be prepared as much as possible to accommodate these out-of-class meetings.