Tuesday, July 12, 2016

European Society for Comparative Legal History, Lawyers Debate:Alternative Dispute Resolution, and arrival in Gdansk

After the registration and check-in at the Solidarity Center, some of us traveled by bus to the University of Gdansk law school for the Lawyer's Debate

"Litigation or Out of Court Methods of Dispute Resolution? Different Regulations and Different Habits in Various Legal Cultures and the Polish Attitude"

(in Polish, with English translation)

I learned that only about 4% of economic cases are handled out of court in Poland -- that's roughly the percentage of cases that DO go to court in the US -- where more than 90% off our criminal cases are plea bargained and more than 90% of our civil cases are settled.

Our courts would shut down if we had only 4% of our cases settled out of court.

Interestingly one of the speakers mentioned American "experts" - in particular, a law professor from Florida (of all places) - who came to train Polish lawyers in methods of out-of-court settlements. However, this American legal professional knew nothing of Polish culture, history, politics -- and was, in the speaker's opinion -- not effective in translating American legal norms to the Polish context.

Apparently there is a Polish cult classic that I should watch -- Sami Swoi -- to learn more about Polish folklore.  There is a scene in which neighbors resolve a conflict with a handshake, over the fence.

preview for Sami Swoi 

Sami Swoi with English subtitles

Interesting discussion among the panelists (and audience members) regarding the Polish Civil Code and its allowances for arbitration and instruction about alternative dispute resolution in the law school curriculum.


The University of Gdansk law school







the view from my hotel room at the Hotel Gdansk


turns out my hotel also had only microbrewery in Gdansk


after being up and traveling for more than 30 hours, the dinner at the hotel was most satisfying

the view from my room after I returned from dinner

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