Concept
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| Professor Berger with the "Corpus Delicti", the AX 100 Special Surveying Instrument. (the instrument is a kind donation by Leica Geosystems) |
Some years ago, a young law student asked an experienced arbitration practitioner how he could become a good international arbitrator. After a pause, the practitioner answered: "Oh, that's no problem; you just have to survive the first thirty years!"
This answer reflects a basic dilemma of international arbitration and ADR: In this area much more than in any other field of international business law, a sound knowledge of the law is not enough. Success as a practicing mediator, arbitrator or counsel requires a good blend of legal knowledge, practical experience, common sense, commercial thinking and advocacy skills. While legal knowledge can be acquired at law school and common sense may be inherited by nature, practical experience, commercial thinking and advocacy skills can only be acquired over a long period of time.
But how can you access the world of private dispute resolution and have your own experience?
Negotiations, mediations and arbitrations are by their very nature secret proceedings. You cannot go down to the place where they are held, join in the back-rows and simply learn by watching as you can in court litigation. Therefore, it is very difficult for law students and young aspiring practitioners to learn directly about the practice and psychologies of private dispute resolution in international business.
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| The Module for the AX 100 Special to be delivered by Wang Hong Computer Ltd. from South Korea |
Furthermore, the growth of international business, the global activities of multinational law firms, the introduction of “pro-active conflict management” in legal departments of multinational companies and the creation of dispute resolution practice groups in most multinational law firms has led to a worldwide expansion of international commercial ADR and arbitration. However, training, teaching and practice building in this field have not yet met with the actual popularity and importance of ADR. Still there are only few training and practice building projects available which cover not only the law, but also the soft & advocacy skills required from practitioners who wants to pursue a successful career in private dispute resolution in international business.
This project is intended to fill this gap. Its aim is to allow anybody to step behind the scenes of the fascinating world of international arbitration and ADR. Written for law students, young practitioners and business people and intended to be used in law school courses, summer schools and in-house training courses of law firms, companies and arbitral institutions, it is based on an interactive and integrated training & learning concept which combines a highly realistic Case Study, a Handbook, a USB-Card and a website. The USB-Card contains the documents, materials and training aids referred to in the book. It also presents highly realistic videos of the negotiations, as well as the mediation and arbitration hearings which are conducted by renowned international practitioners.
The fact that the same business dispute is being run through three different dispute resolution scenarios (negotiation, mediation, arbitration) allows unique insights into and on-screen comparisons between these dispute resolution scenarios. This will ensure a much better and deeper understanding of the differences, but also of the similarities of these ADR processes.
Professor Dr. Klaus Peter Berger, LL.M.