Insegnamento a.a. 2016-2017

Go to class group/s: 31

CLMG (3 credits - II sem. - OP)

Course Director:
MELISSA MIEDICO

Course Objectives

Students gain direct experience, through interactive methods, of the importance of communication and argumentation techniques (written and oral).
In order to represent a client in the framework of a negotiation, a mediation (ADR) or in litigation (either before an arbitral tribunal or a court), lawyers have to be ready to interpret their role, and, therefore, to exercise advocacy skills in different ways appropriate to the different contexts. The course provides students with an overview of the various professional scenarios and the different forms of advocacy, so that they acquire a thorough understanding of its relevant features.
The course analyses the differences in the international arena between advocacy in civil law and common law legal traditions. A special focus is given to international arbitration which, in view of its multicultural nature, represents the natural meeting point of the different traditions.
Advocacy also means professional ethics. Students experience how ethics and the legal profession are closely intertwined and how advocacy is strictly linked to a high level of ethics, in accordance with the classical paradigm which required the great advocate to master not only logos and pathos but also ethos.

Course Content Summary

The course provides the necessary and fundamental means to experience the importance of advocacy in the legal profession, through forms of active learning (“learning by doing”) and the use of audiovisual tools.
Students are trained in communication techniques, both verbal and non-verbal, so as to gain an understanding of their relevance for the legal profession.
Students learn the basics of negotiation, mediation (ADR) and international arbitration, focusing on the role of advocates in such contexts. The relationship between advocacy and ethics also is examined. The program offers an overview of advocacy in common law countries and in international arbitration also analysing special advocacy tools such as cross examination.
Students participate in practical sessions (moots) in order to experience the importance of effective advocacy. They prepare the moot sessions by drafting brief summaries of the arguments and the strategic approach they intend to use in the sessions.

Detailed Description of Assessment Methods

The assessment will be made through a “pass or fail” criterion.
Students are required to attend at least 80% of classes. Evaluation will take into account the effectiveness of the work done in preparation of the moot exercises carried out during classes, as well as argument essays which will be assigned.

Textbooks

Learning materials and texts will be communicated during the course.

Exam textbooks & Online Articles (check availability at the Library)

Last change 19/05/2016 15:22