Universitat Internacional de Catalunya
Mediation and Arbitration
Other languages of instruction: Catalan
Teaching staff
Reyes Alcón: ralcon@uic.es
Office hours: Monday to Friday from 9.30 a.m. to 1.30 p.m. In all cases an email should be sent in advance to arrange an appointment.
Introduction
The approach that the Master's Degree in Advocacy takes to the subject of Mediation and Arbitration is based on establishing the fundamental aspects of arbitration as a means of resolving disputes without resorting to ordinary jurisdiction.
Pre-course requirements
None required
Objectives
The main objective of this subject is to establish a strategy for conflict resolution together with negotiation, mediation and conciliation in the cases that will be dealt with in class.
Competences/Learning outcomes of the degree programme
- CA04 - Know the different techniques for reconciling conflicting interests and how to find solutions to problems through methods other than the jurisdictional route.
- CA05 - Know and be able to apply professional ethical rights and duties in the lawyer’s dealings with clients, third parties, courts, public authorities and other lawyers.
- CA06 - - Know and assess the different responsibilities associated with professional practice, including the basic principles of offering free legal assistance and promoting the social responsibilities of the lawyer.
- CA07 - Know how to identify conflicts of interest and know the techniques used to resolve them, establishing the scope of professional confidentiality and upholding independent judgement criteria.
- CA08 - Know how to identify the key requirements for the provision and organisation of legal consultancy.
- CA09 - Know and be able to apply in practice the organisational, management and commercial aspects of the legal profession, as well as company, tax and employment law and legislation on the protection of personal data.
- CA10 - Develop skills and abilities to choose the correct strategy for defending the rights of clients, taking into account the demands of the different areas of professional practice.
- CB07 - Know how to apply acquired knowledge and problem-solving abilities in new or little-known surroundings within broader (or multidisciplinary) contexts related to their field of study.
- CB08 - Know how to incorporate acquired knowledge and deal with making complex judgements based on information which, being incomplete or limited, includes reflections on social and ethical responsibilities linked to how they apply their knowledge and judgements.
Learning outcomes of the subject
Students will learn how to:
Present to a potential client all the legal means of possible solutions to the legal conflict or the legal problem raised and, particularly, the mechanisms for alternative or non-judicial resolution of conflicts (in particular, mediation and arbitration).
Syllabus
• Basics of a strategic approach to the resolution of legal problems and legal conflicts.
• Alternative mechanisms to the Judiciary for the resolution of legal conflicts. In particular, mediation and arbitration.
Teaching and learning activities
In person
The University Master's Degree in Advocacy bases its methodology on the "case method" which consists in studying real-life scenarios and problems that law firms deal with. Students prepare and analyse cases, identify issues and, once in class together with the teacher, either individually or in groups, look for solutions and share the possible alternatives available.
Our intention with the case method is to help students acquire the main skills of a good legal professional such as logical reasoning, ease of oral expression and language proficiency, among others.
The module on Arbitration consists of 2 ECTS of which 20 hours are teaching and then a minimum of 30 hours work by each student on which they will be assessed.
Evaluation systems and criteria
In person
The evaluation consists of two parameters:
• Participation in class: Accounts for60% of the final mark.
• Written examination (test and case study): Accounts for 40% of the final mark.