Law and Dispute

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LAW AND DISPUTE RESOLUTION IN THE UNITED STATES OF AMERICA:
Litigation, Arbitration and Mediation

MIAMI, FLORIDA – NOVEMBER 19-30, 2018

This two-week intensive summer course is designed to offer foreign lawyers and upper-level law students a practical understanding of the fundamental aspects of the United States Legal System, and its dispute resolution landscape. Particular attention will be given to the regulation and use of litigation involving foreign parties in United States courts, domestic and international arbitration, and mediation.

Regarding the latter, the students will also benefit from an intensive hands-on basic training on mediation from the standpoint of the United States and Latin America. The program will be hosted by FIU Law, and co-led by Manuel A. Gómez and Gilberto Guerrero-Rocca from FIU, and Nussen Ainsworth from Victoria University. The program will also include other prominent lecturers with vast professional and academic experience.

This program will help enhance your professional skills and your competitiveness in the global marketplace. Our state of the art facilities and ample resources, our renowned faculty, amazing library, and our larger academic community are eager to welcome you during those two weeks.

I. Learning outcomes:

As a result of taking the course,

  • Students will be able to appreciate the main features of the legal institutions of the United States of America in their particular context, their guiding principles, and practical aspects.
  • Students will be able to appreciate the structure and functioning of the judiciary of the United States, both at the state and federal levels. The students will be also able to compare the judicial function in the United States with their own country.
  • Students will be able to explain the transnational aspects of civil litigation in the United States, and the different remedies available to U.S. and foreign litigants.
  • Students will be able to explain the importance of the judicial doctrine for Forum Non Conveniens (FNC), its perceived advantages and disadvantages in the context of civil litigation in the United States of America. Students will also be able to draft a motion to dismiss a complaint pursuant to the judicial doctrine of Forum Non Conveniens (FNC).
  • Students will be able to explain and discuss the fundamental notions of torts in the United States legal system, and compare among the different types of torts recognized by United States law. Students will also be able to recognize the importance of international torts, and the available remedies under United States law.
  • Students will be able to appreciate the main features of domestic and international arbitration in the United States of America, and its comparative perspective. Students will also be able to draft an effective arbitral clause for use in international arbitration.
  • Students will be able to explain and discuss the fundamental notions of mediation, the different approaches and styles, mediator techniques, forms of communication, and the most common challenges that arise in the mediation process.
  • Students will be able to prepare for a mediation process, and demonstrate the basic skills needed to be a successful mediator and/or an advocate participating in mediation.
  • Students will be able to integrate the theoretical concepts about effective communication, problem solving, and cooperation in the context of mediation.
  • Students will be able to compare the different options to practice law in the United States of America.

II. Program schedule:

  • Day 1 (November 19): Introduction to the course and fundamental aspects of United States Law / Transnational legal practice in the United States.
  • Day 2 (November 20): The US legal system/ Constitutional legal issues.
  • Day 3 (November 21): The US legal system and International Law.
  • Day 4 (November 22): Introduction to Torts in the United States, and legal remedies for International Torts.
  • Day 5 (November 23): Free.
  • Day 6 (November 26): Civil litigation in United States courts.
  • Day 7 (November 27): Domestic and International Arbitration in the United States.
  • Days 8-9 (November 28, 29): Mediation Program.
  • Day 10 (November 30): Field trip (Arbitral Institution; International Law Firm & guided tour to FIU Wolfsonian-FIU museum).

III. General information:

  • Goal: Knowledge on fundamental legal subject matters from the U.S perspective and Transnational Legal Practice for foreign-trained lawyers.
  • Placement: FIU College of Law.
  • Duration and schedule: 2 weeks. Lectures and practical session will be held from Monday to Friday (10:00 a.m. to 4:00 p.m.) One-hour lunch break at 12 p.m. and two 15-minute break at 11:00 a.m. and 3:00 p.m.
  • Date: Nov 19-30, 2018 (Fri.23, Sat. 24 & Sun. 25 are free).
  • Tuition: $1,950 (foreign-trained lawyers) and $1,800 full-time law students. Online registration https://law.fiu.edu/international/law-and-dispute/registration
  • ESTA (Travel Authorization) & U.S Visa: Australia is part of the Visa Waiver Program, which enables citizens of Australia to travel to the United States without a visa. ESTA is an application system for all travelers from Visa Waiver Countries, including Australia. Participants from a non-visa waiver country are allowed to register in this non-degree course by holding a B1/B2 U.S. Visa (Visa for tourism.) This advanced legal course does not require Visa F1. (Student Visa). For those applying for or renewing a U.S Visa B1/B2, the FIU College of Law will issue a letter to certify their registration in the course.
  • Diploma: after satisfactory completion of this non-degree course, students will receive a Diploma issued by the FIU College of Law.
  • Each participant is responsible for their own transportation, lodging and other expenses.

Academic coordination:
Manuel A. Gómez, FIU, College of Law (Miami)
Gilberto A. Guerrero-Rocca, FIU, College of Law (Miami)

More information:
ldlima@fiu.edu; giguerre@fiu.edu

FLORIDA INTERNATIONAL UNIVERSITY COLLEGE OF LAW
MODESTO MAIDIQUE CAMPUS, 11200 SW 8TH STREET, MIAMI FL 33199