NEGOCIEREA ŞI MEDIEREA ÎN FRANŢA. O PROVOCARE ADRESATĂ ÎNVAŢĂMÂNTULUI JURIDIC: STUDIUL FUNDAMENTAT PE ABILITĂŢI ŞI CERCETARE INTERDISCIPLINARĂ
NEGOTIATION AND MEDIATION IN FRANCE: THE CHALLENGE OF SKILL-BASED LEARNING AND INTERDISCIPLINARY RESEARCH IN LEGAL EDUCATION

Summary/Abstract: Negotiation and Mediation in France: The Challenge of Skill-Based Learning and Interdisciplinary Research in Legal Education. In response to the challenge of the global economy and to greater democratization, legal practices are changing in France, as in other countries.... I. Understanding the Needs for Change in France: Centrality of Negotiation and Mediation Skills Two major trends affecting many countries today have intensified the need for improved negotiation and mediation education in France.... If advances are to be made in the research and teaching of negotiation and mediation, it will be necessary to expand and supplement the existing positivist framework with approaches which can answer the deeper questions of ADR such as: What makes these methods successful? How should the negotiator or mediator behave and what skills must they develop in order for these methods to succeed in a given legal framework?... As this happens, it is less and less likely that negotiation and mediation theories in France will be solely based on a French positivistic approach and more likely that they will be based on an international, interdisciplinary approach to research.... A few years ago I advised the former President of Paris II Law School to consider ADR as a key priority and to create a negotiation center, in association with the Paris Bar Association....

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