[SCLA WEEKLY SEMINAR]Direct Democracy and Foreign Policy in Switzerland

Former Judge of the Geneva Court of Appeal- Eric W. Fiechter.

Switzerland is small, but it is not one country but a collection of 19 countries that have become 26 states united under one constitution, following civil wars, with the latest state being created in 1979 and which is due to be finally settled this year by a final vote. 

Distrust against the government and the parliament and yet stability: no right to repeal judges or members of government once elected for a fixed term or 4,5 or 6 years. But once the term is over, there is no guarantee of re-election. Members of the government and judges have not been re-elected.12 years in power is considered enough, but not by law.

Each state-big or small, rich of poor, with many inhabitants or as few as just a few thousand-has the same rights and must consent to any amendment to the federal constitution. All powers rest with the states unless they have been delegated to the federal government. Today, more and more delegation but the principles remain.

The legislative and the executive branch of government were not trusted to act in line with the people's will. So, imitating some of the US states, like California, which has more voters than France, progressively one Swiss state after the other introduced the right for the people to ask a vote on an amendment to the federal constitution and the right to object to any law passed by the parliament.

This Seminar will provide an insight in understanding the culture and politics in shaping the current legal system.

You will be able to login the system and see the ZOOM link in the course directory, and the videos of the seminar and readings will be available soon after the event.

SCLA Mediation Training Programs introduces the core principles and methods of alternative dispute resolution. The training programs provide a strong foundation in mediation skills through lecture, small group exercises, and role-playing, and is rich in both theory and practice.

FULL AGENDA HERE

The 2nd SCLA MET Training program is designed for both novice and experienced mediators. The program is designed for a small group training to practise, where the delegates will be trained by involving in a real case practise in the international mediation through practice. The experienced trainers will provide in-hand guidance for the participants during the practice. 

Through the 3 hours online training program, together with the independent study, the participants are expected to have an enhanced understanding of: 

- Conflict and problem-solving strategies;

- Mediation styles and approaches across different cultures.

The participants who successfully completed the exam will receive a certificate.

When registering through SCLA Academy, you will not only obtain lifetime access to the forum and all the documents but also you will be enjoying a journey of relationship building, as you will have access to all the contact of the speakers, panellists as well as all the participants. You are invited to a lifelong interest group and community to stay connected. You are more than welcome to send emails through the academy to those colleagues anytime and anywhere.

CULTURAL INTELLIGENCE AS A CRITICAL LEGAL SKILL

Lecturer: Peter Alfandary

Apply for the SCLA Membership: www.scla.world/membership

" Why do I say law as a relationship business? Why cross-cultural communication skills are a key part of true excellence for lawyers?How the importance of understanding other cultures and also being aware of how one’s own culture is perceived so as to improve cross? How to improve cultural understanding? I am glad to have a talk, workshop, and a journey with you to discuss the common misunderstandings in cross cultural legal communications-including communication styles, time management, trust building and face saving, hierarchy and decision making processes, and the most important-the use of the Cultural Audit as a legal tool." - Peter Alfandary

The seminar will provide in-depth understanding of:

1. What is the preferred style of communication of the parties? Is it direct or indirect, formal or informal; emotional or non-emotional, confrontational or accommodating; are interruptions part of normal conversation or does each participant in a meeting speak in turn; is this  a culture where it is necessary to “decode” language in order to understand its true meaning.
2. How to the parties manage time? Is time managed strictly or is time fluid; in some cultures, time is thought of as highly linear. Meeting times are rigorously adhered to and interruptions are disliked. People concentrate on one activity or relationship at a time and deadlines are observed. In other cultures, however, time can be viewed differently and may be seen as more of a guideline than a rule. People may well multi-task and can focus simultaneously on multiple relationships. If new circumstances arise, timetables and deadlines may well change, without incident.
3. What is the dominant style of reasoning and decision-making process?  Some cultures, the UK and the US for example, will have a tendency towards a pragmatic, fact-led reasoning process rooted in a more inductive way of reasoning and influenced in their history by empirical philosophy. The common law legal system, which developed out of case law, is a prime example of inductive reasoning. In contrast, other cultures – indeed many European ones – may approach a problem in a theory, or principle, led way where the reasoning process is highly analytical and needs to go through a series of logical steps in order to reach a sustainable conclusion. This deductive approach to reasoning finds its origins in the philosophical writings of, say, Descartes and the civil law system, with codification as its basis, reflects this differing approach. Finally, a further question that will require examination is whether thinking itself (and also the approach to a problem or to a decision) takes a more linear route or is it more circular or “holistic” one, as may be is often the case in China (Zhengti Guannian)
4. What is the role and importance of hierarchy, status and seniority in a particular culture and society? In Chinese culture, for example, this may include “social status” (Shehui Dengii). Generally, lawyers need to consider how, in all cultures, hierarchy and similar factors affect behaviour, decision making, the conduct of the lawyer-client relations and of negotiations.
   
5. How is trust built and is a culture primarily contract/deal or relationship led?  Is the aim of a negotiation the start of a long-term relationship or is its aim mainly the signing of a written contract; is gaining personal and individual trust a prerequisite for durable and meaningful relationships (between client and lawyer and between the parties to a deal) and how will all of this affect the time spent on social interaction (where pure business will not be discussed) as an integral part of getting  business done.

SCLA·NDC is delighted to host its International Law Firm Management Leadership Training Program in February 2022. This online training program will consist of 4 half-day training sessions (one of which is the SCLA Global Forum). All sessions are conducted by experienced experts in the field.

This program is aimed at legal leaders who want to become more effective at directing and supporting others in achieving better legal management. It will benefit anyone who manages legal employees — regardless of industry or company size — or who wants to help foster a better working environment and a more resilient organization on the road towards becoming an international or global enterprise.

The expected outcome of the program is to make international legal leaders acquainted with one another. Mid- to senior-level leaders will learn new approaches to maximize their impact on individuals, teams, and, in turn, overall performance. Managing partners, legal experts, specialists, strategists, consultants, and aspiring leaders will learn how to prepare for the challenges of international legal collaboration in a more globalized, uncertain, and complex legal landscape.

The following key elements for prosperous growth of a legal service institute will be explored in this training session: the potential for successful and sustainable relationship with external law firms; a law firm’s internal profit-sharing mechanisms; building a law firm from strength to strength on a solid foundation; external collaboration mechanisms for law firms and enterprises.

Therefore, this program is intended to train not only law firm management partners but future legal leaders too. It will let them build an extensive network by sharing cultural differences and commonalities. At the end of the training program, a private and exclusive session will be offered for the participants. During the session, attendees who represent law firms will be encouraged to get to know other participants and create a plan for collaboration.

All sessions will be recorded, and participants will be offered exclusive, lifetime access to the SCLA academy system.