Alternative dispute resolution

Degree course: 
Academic year when starting the degree: 
2021/2022
Year: 
1
Academic year in which the course will be held: 
2021/2022
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

None

Final Examination: 
Orale

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.

Assessment: 
Voto Finale

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.

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.

See section "contenuti"

Suggested textbook: Luiso, Diritto processuale civile, V, La risoluzione non giurisdizionale delle controversie, Milano, latest available edition, limited to the parties concerning topics of the course program.

During the lessons, supplementary materials can be provided to the attending students.

Consultation of relevant normative texts is highly suggested (available also on the website www.normattiva.it). Main normative texts are: d.lgs. 4 marzo 2010, n. 28, related to civil and commercial controversies resolutions; d.lgs. 6 marzo 2005, n. 206, Consumer Code.

Convenzionale

Lectures. During the lessons the student's active participation is planned.

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.