Μediation, ADR & ODR Law

Teaching hours and credit allocation: 15 hours, 3 credits
Course assessment: coursework + exam

Aims

This course provides an introduction to the theoretical and practical considerations surrounding mediation and its legal implications within the context of European legal systems. The general focal points are twofold: mediation law and alternative and online dispute resolution (ADR/ODR). The course examines the main debates, methods, issues and critical approaches to the subject, together with an analysis of the Mediation Directive, the ADR Directive and the ODR Regulation, in particular looking at issues of confidentiality, adversarialism and civil justice, and the role of lawyers within the process. It considers recent reviews of civil and administrative justice for their impact on mediation. It also examines the development of a mediation profession and issues such as training, continuous professional development, accreditation and regulation.

Learning outcomes

  • On completing the course, students are expected to be able to:
  • appreciate the relationship between alternative dispute resolution and litigation
  • understand the foundations, rules and doctrines of EU mediation law
  • critically analyse the theories and methods associated with mediation
  • elaborate on the strengths and weaknesses of mediation & ADR schemes within law
  • identify the main characteristics of the various European legal orders as regards mediation; get practical solutions out of the theoretical knowledge
  • develop a critical awareness of the social, ethical and political influence on the operation of  ADR in the internal market
  • comprehend mediation under the ICC Mediation Rules 2014
  • understand the legal and practical issues associated with the EU Directive on consumer ADR and the EU Regulation on consumer ODR

Content

  • Theoretical and practical aspects of ADR
  • Forms of mediation
  • Other ADR schemes
  • Mediation agreements: legal nature, function, aims, validity, enforceability
  • Mediator duties, accreditation requirements for mediators
  • EU Mediation Directive
  • EU Directive on consumer ADR
  • EU Regulation on consumer ODR
  • Mediation under the ICC Mediation Rules 2014
  • Harmonization of the rules of international mediation