Giurisprudenza | CONFLICTS RESOLUTION AND MEDIATION

cod. 0160100214

CONFLICTS RESOLUTION AND MEDIATION

	0160100214
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/01	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	LEARNING OBJECTIVES:THE TEACHING IS DESIGNED TO TEACH THE THEME OF ALTERNATIVE CONFLICT RESOLUTION INSTRUMENTS, WITH SPECIAL REFERENCE TO MOST INNOVATIVE TECHNIQUES OF MEDIATION, ESPECIALLY APPLIED TO THE FAMILY CONFLICT. GENERAL KNOWLEDGE OF REFORMS IN THE FIELD OF CIVIL MEDIATION AND SUBSEQUENT AMENDMENTS AND REPEALS. CAPACITY OF UNDERSTANDING:ABILITY TO UNDERSTAND THE FUNDAMENTAL PROBLEMS, AND THE OBLIGATIONS OF THE ROLE OF THE MEDIATOR. APPLIED CAPACITY OF UNDERSTANDING: ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING CRITICAL SKILLS TO ANALYZE THE LEGISLATION ON MEDIATION AND UNDERSTAND PRIVATISTIC REFLECTIONS. JUDGEMENT ABILITY TO CONSOLIDATE AND CRITICALLY INTERPRET THE COMPLEXITY OF ADR.

LEARNING OBJECTIVES:THE TEACHING IS DESIGNED TO TEACH THE THEME OF ALTERNATIVE CONFLICT RESOLUTION INSTRUMENTS, WITH SPECIAL REFERENCE TO MOST INNOVATIVE TECHNIQUES OF MEDIATION, ESPECIALLY APPLIED TO THE FAMILY CONFLICT. GENERAL KNOWLEDGE OF REFORMS IN THE FIELD OF CIVIL MEDIATION AND SUBSEQUENT AMENDMENTS AND REPEALS.
CAPACITY OF UNDERSTANDING:ABILITY TO UNDERSTAND THE FUNDAMENTAL PROBLEMS, AND THE OBLIGATIONS OF THE ROLE OF THE MEDIATOR.
APPLIED CAPACITY OF UNDERSTANDING: ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING CRITICAL SKILLS TO ANALYZE THE LEGISLATION ON MEDIATION AND UNDERSTAND PRIVATISTIC REFLECTIONS. JUDGEMENT ABILITY TO CONSOLIDATE AND CRITICALLY INTERPRET THE COMPLEXITY OF ADR.

	Prerequisites
	IT IS RECOMMENDD: CONSOLIDATED KNOWLEDGE OF WRITTEN AND ORAL ITALIAN; BASIC KNOWLEDGE OF PRIVATE LAW; CAPACITY OF CONSULTATION OF MAIN LEGISLATIVE TEXTS AND JUDICIAL DECISIONS.

	Contents
	THE CONFLICT - ADR TECHNIQUES - COMMUNITY RULES - THE VARIOUS FORMS OF ADR: ARBITRATION, NEGOTIATION, MEDIATION - FAMILY MEDIATION - SCOPE OF MEDIATION - DISCIPLINE AND PROCESS - THE ROLE OF THE MEDIATOR - GENERAL PRINCIPLES REGARDING MEDIATION.

	Teaching Methods
	THE TEACHING CONSIST ON 72 HOURS OF LESSONS, WITH SEMINARS AND READING, ANALYSIS AND COMMENT OF LAW AND JUDICIAL DECISIONS.

	Verification of learning
	STUDENTS ATTENDING: FINAL EXAM ORAL OR WRITTEN, THAT TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION TO LESSONS AND MATERIALS DISTRIBUTED. STUDENTS NOT ATTENDING: ORAL EXAM. POLICIES OF REVIEW ARE: 1) ABILITY TO SYSTEMATIC FRAMEWORK OF LAW AND INSTITUTES, AFTER LEGISLATIVE REFORMS AND JUDICIAL DECISIONS; FINDING QUALIFIERS AND APPLICATIVE PROBLEMS AND MASTERY IN IDENTIFYING THE LEGAL SOLUTIONS, CAPACITY OF ARGUMENT TROUBLE AND SOLUTIONS; 2) ABILITY TO MAKE AN ORGANIC AND COHERENT SPEECH WITH CLARITY EXHIBITION, PROPERTY OF LANGUAGE AND CLARITY OF IDEAS; 3) MATURITY AND AUTONOMY OF CRITICAL DEVELOPMENT INSTITUTES PROCESSED.

Verification of learning

STUDENTS ATTENDING: FINAL EXAM ORAL OR WRITTEN, THAT TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION TO LESSONS AND MATERIALS DISTRIBUTED.
STUDENTS NOT ATTENDING: ORAL EXAM.
POLICIES OF REVIEW ARE:
1) ABILITY TO SYSTEMATIC FRAMEWORK OF LAW AND INSTITUTES, AFTER LEGISLATIVE REFORMS AND JUDICIAL DECISIONS; FINDING QUALIFIERS AND APPLICATIVE PROBLEMS AND MASTERY IN IDENTIFYING THE LEGAL SOLUTIONS, CAPACITY OF ARGUMENT TROUBLE AND SOLUTIONS;
2) ABILITY TO MAKE AN ORGANIC AND COHERENT SPEECH WITH CLARITY EXHIBITION, PROPERTY OF LANGUAGE AND CLARITY OF IDEAS;
3) MATURITY AND AUTONOMY OF CRITICAL DEVELOPMENT INSTITUTES PROCESSED.

	Texts
	G. AUTORINO, D. NOVIELLO, C. TROISI, MEDIAZIONE E CONCILIAZIONE NELLE CONTROVERSIE CIVILI E COMMERCIALI, MAGGIOLI, 2013. C. TROISI, SAGGI IN TEMA DI CONTROVERSIE CIVILISTICHE E RIMEDI STRAGIUDIZIALI, ESI, 2017