The course aims to provide a systematic framing of the non-jurisdictional ways of resolving civil disputes. The aim of the course is to provide the student with the knowledge of the alternative institutes of the State Court for Dispute Resolution, with particular reference to the institutes of an autonomous nature and to mediation, including the knowledge of fundamental principles regarding the mediation techniques and mediator’s role.
Course Prerequisites
None
Teaching Methods
Lectures. During the lessons the student's active participation is planned.
Assessment Methods
Assessment of knowledge is in oral form. The oral exam concerns some open questions according to the “upside down cone” (two or more general questions and few more specific questions). The final score will be expressed with an assessment of thirty; exam will be approved with a minimum mark of 18/30. Exam will concern: knowledge of alternative methods for resolving controversies, with particular reference to those with autonomous nature and to mediation, included fundamental principles about mediation techniques and mediator’s role. It will be also tested the technical terminology and expression capacity. During the test, the consultation of the legal texts is permitted.
Contents
Introduction to the study of non-judicial dispute resolution means. The contract as a means of resolving disputes alternative to justice. Autonomous ways and heteronomous dispute resolution ways; ADR and arbitration. ADR: features of autonomous dispute resolution modes. Mediation. Mediation techniques. The Mediator: his role and how he operates. The mediation as per Legislative Decree 28/2010. Analysis of the Mediation Rules provided by an authorised institution as per Legislative Decree 28/2010. ADR in consumer law (articles 141 ss. Legislative Decree 206/2005). Parithetic negotiations. Mediation in family matters (outlines). Mock Mediation. Arbitration (outlines). Due to the current health emergency, the simulation of mediation process might not take place in case of lessons will not be held in classrooms.
Course Language
Italian
More information
a)Lessons will be held in classroom. If, due to health emergency, they will be held online, through simultaneous videoconference on Teams Platform, students will have to verify to be signed up on e-learning university platform in order to receive all the communications needed to take part to the online lessons
b)The days of meetings students/professor will be published on the professor’s personal web page.
