Mag. Anne-Karin Grill, M.A, FCIArb

 

030198 KU Mediation for Lawyers

 

2 Stunde(n), 3 ECTS-Punkte

Prüfungsimmanente Lehrveranstaltung

Unterrichtssprache: Englisch

Blocklehrveranstaltung

limited places are available: 40

Application: only via u:space

Classes

  • E-learning Preparatory Session: Wednesday, 10 March 2021, 6:30 PM (ZOOM)
  • E-learning Session I: Thursday, 11 March 2021, 1:00 - 7:00 PM [incl. 3 hours of discussions and group practice] (ZOOM)
  • E-learning Session II: Monday, 22 March 2021, 1:00 – 5:00 PM [incl. 2 hours of discussions and group practice] (ZOOM)
  • E-learning Session III: Friday, 16 April 2021, 1:00 – 5:00 PM [incl. 2 hours of discussions and group practice] (ZOOM)
  • E-learning Session IV: Friday, 07 May 2021, 1:00 – 5:00 PM [incl. 2 hours of discussions and group practice] (ZOOM)

Prerequisites

  • Completion of civil and procedural law coursework
  • Comprehensive command of both spoken and written English (completion of prior foreign language coursework particularly welcome)

Course Materials

  • Roger Fisher/William Ury, Getting to Yes – Negotiating an Agreement Without Giving In
  • Thomas Wälde, Efficient Management of Transnational Disputes – Mutual Gain by Mediation or Joint Loss in Litigation
  • Richard Hill, Non-Adversarial Mediation
  • Christian Bürhing-Uhle/Lars Kirchhoff/Matthias Scherer, The Legal Framework for International ADR

 

The contributions by Wälde, Hill and Bürhing-Uhle et al are available for download at Kluwer Law International (please refer to the database service of the University of Vienna at http://dbs.univie.ac.at/)

Role play instructions and further reading will be made available by the instructor.

Course Description

This course offers a practice-oriented introduction to the basic principles of mediation from a user’s perspective. It is addressed to aspiring legal professionals wishing to develop and train their problem-solving and negotiation skills. The course is designed to help students to advance their intuition in order to structure negotiation processes and to develop their own basic negotiation toolkit. At the end of the course students will be able to do the following:      

  • analyze a problem both in terms of questions of fact and law
  • identify goals, interests, and alternatives to a negotiated agreement,
  • develop criteria that would make a negotiated agreement legitimate, analyze the parties' relationships with a view to defining a communication strategy, explore levels of commitment and authority 

  • devise a negotiation strategy
  • give oral presentations of legal and other arguments in a concise and convincing manner

Grading Criteria

Role Play Participation: 40%
Mid-Term Paper (min. 2 pages): 20%
Final Paper (min. 10 pages): 40%

Teaching Methodology

The course offered makes use of traditional learning methods as well as new training techniques (role plays developed by the Program on Negotiation at Harvard Law School). As negotiation is a skill developed through appropriate and purposeful practice, there will be little lecture in this course. The instructor will be active in observing and evaluating the process of learning and will provide feedback in the form of correctives (comments and demonstration) to help students improve.