Giurisprudenza | CONFLICTS RESOLUTION AND MEDIATION

cod. 0160100214

CONFLICTS RESOLUTION AND MEDIATION

	0160100214
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2018/2019

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
	THE AIM OF THIS COURSE IS TO TEACH THE SUBJECT OF ALTERNATIVE DISPUTE RESOLUTIONS (A.D.R.) METHODS, SPECIFICALLY WITH REGARD TO THE MOST INNOVATIVE MEDIATION TECHNIQUES IN THE FIELD OF FAMILIAL CONFLICTS. KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE COURSE IS THEREFORE TO TRANSMIT KNOWLEDGE AND EQUIPPING STUDENTS WITH THE APPROPRIATE SKILLS IN ORDER TO GAIN A SYSTEMATIC UNDERSTANDING OF THOSE LEGAL INSTRUMENTS, WITHIN THE AMBIT OF CIVIL REGULATION. MOREOVER, STUDENTS WILL BE REQUIRED, WITH PROPER GUIDANCE, TO ANALYSE PROBLEMATIC ASPECTS OF THE MATTER AND ITS COMPATIBILITY WITH THE PRINCIPLES OF EUROPEAN AND DOMESTIC LEGAL SYSTEM, THROUGH A COMPARATIVE APPROACH. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: BY THE END OF THE COURSE, STUDENTS SHALL BE ABLE NOT ONLY TO DEFINE AND DISTINGUISH THE DIFFERENT TYPES OF A.D.R. METHODS, WITH REGARD EITHER TO THEIR APPLICATIVE, AXIOLOGICAL AND PROCEDURAL ASPECTS, CONNECTING THEM WITH THE FLUIDITY OF LAW REGULATIONS, BUT TO UNDERSTAND ALSO THEIR MULTIDISCIPLINARITY, IN A LONG-TERM PROFESSIONALISING PERSPECTIVE.

THE AIM OF THIS COURSE IS TO TEACH THE SUBJECT OF ALTERNATIVE DISPUTE RESOLUTIONS (A.D.R.) METHODS, SPECIFICALLY WITH REGARD TO THE MOST INNOVATIVE MEDIATION TECHNIQUES IN THE FIELD OF FAMILIAL CONFLICTS.
KNOWLEDGE AND UNDERSTANDING:
THE PURPOSE OF THE COURSE IS THEREFORE TO TRANSMIT KNOWLEDGE AND EQUIPPING STUDENTS WITH THE APPROPRIATE SKILLS IN ORDER TO GAIN A SYSTEMATIC UNDERSTANDING OF THOSE LEGAL INSTRUMENTS, WITHIN THE AMBIT OF CIVIL REGULATION. MOREOVER, STUDENTS WILL BE REQUIRED, WITH PROPER GUIDANCE, TO ANALYSE PROBLEMATIC ASPECTS OF THE MATTER AND ITS COMPATIBILITY WITH THE PRINCIPLES OF EUROPEAN AND DOMESTIC LEGAL SYSTEM, THROUGH A COMPARATIVE APPROACH.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING:
BY THE END OF THE COURSE, STUDENTS SHALL BE ABLE NOT ONLY TO DEFINE AND DISTINGUISH THE DIFFERENT TYPES OF A.D.R. METHODS, WITH REGARD EITHER TO THEIR APPLICATIVE, AXIOLOGICAL AND PROCEDURAL ASPECTS, CONNECTING THEM WITH THE FLUIDITY OF LAW REGULATIONS, BUT TO UNDERSTAND ALSO THEIR MULTIDISCIPLINARITY, IN A LONG-TERM PROFESSIONALISING PERSPECTIVE.

	Prerequisites
	IT IS RECOMMENDED: EXCELLENT COMMAND OF SPOKEN AND WRITTEN ITALIAN; BASIC KNOWLEDGE OF CIVIL AND CONSTITUTIONAL LAW; CAPACITY TO REFER TO MAIN LEGISLATIVE TEXTS AND JUDICIAL DECISIONS.

	Contents
	A.D.R.: GENERAL PROFILES – E.U. REGULATION – THE CONFLICT – TYPES OF A.D.R.: ARBITRATION, NEGOTIATION, MEDIATION – THE EVOLUTION OF A.D.R. IN ITALY – LEGISLATIVE DECREE 28/2010 – THE DECISION OF THE ITALIAN CONSTITUTIONAL COURT N. 272/2012 – THE MEDIATION PROCESS – THE ROLE OF THE MEDIATOR – GENERAL PRINCIPLES GOVERNING THE MEDIATION – SCOPE OF APPLICATION OF THE MEDIATION RULES – PROBLEMATIC ASPECTS.

Contents

A.D.R.: GENERAL PROFILES – E.U. REGULATION – THE CONFLICT – TYPES OF A.D.R.: ARBITRATION, NEGOTIATION, MEDIATION – THE EVOLUTION OF A.D.R. IN ITALY – LEGISLATIVE DECREE 28/2010 – THE DECISION OF THE ITALIAN CONSTITUTIONAL COURT N. 272/2012 – THE MEDIATION PROCESS – THE ROLE OF THE MEDIATOR – GENERAL PRINCIPLES GOVERNING THE MEDIATION – SCOPE OF APPLICATION OF THE MEDIATION RULES – PROBLEMATIC ASPECTS.

	Teaching Methods
	LESSONS TAKE PLACE DURING THE FIRST SEMESTER OF THE ACADEMIC YEAR AND THE COURSE HAS A DURATION OF 72 H. ATTENDANCE IS NOT COMPULSORY. LECTURES CONSIST IN SEMINAR ACTIVITIES AND PRACTICAL DEMONSTRATIONS; LEGISLATIVE TEXTS AND JUDICIAL DECISIONS WILL BE ANALYSED DURING LESSONS. MOREOVER, ADDITIONAL TEACHING AIDS WILL BE DISTRIBUTED TO EACH ATTENDING STUDENT.

	Verification of learning
	ATTENDING STUDENTS: FINAL WRITTEN OR ORAL EXAMINATION, WHICH TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION TO THE LESSONS AND THE PREVIOUSLY-DISTRIBUTED TEACHING AIDS. NOT-ATTENDING STUDENTS: ORAL EXAMINATION. LEARNING EVALUATION CRITERIA: A) ABILITY TO BUILD UP A SYSTEMATIC LEGAL FRAMEWORK, WITH DUE REGARD TO RECENT LEGISLATION AND JUDICIAL DECISIONS; DEBATING CAPABILITIES IN DETERMINING THE ISSUES RELATED TO THE QUALIFICATION AND THE APPLICATION OF THE SUBJECT; MASTERY IN THE RESEARCH OF JURIDICAL SOLUTIONS; ABILITY TO HIGHLIGHT PROBLEMS AND TO SOLVE; B) ABILITY TO DEVELOP A FLUENT, COHERENT DISCOURSE, WITH APPROPRIATE VOCABULARY AND CLEAR-MINDEDNESS. C) AUTONOMY AND MATURITY IN THE ANALYSIS OF THE LEGAL INSTRUMENTS AND RELATED MATTERS. THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS (30/30). SUCCESSFUL COMPLETION OF THE EXAMINATION WILL LEAD TO GRADES RANGING FROM 18 TO 30 “CUM LAUDE”. LOWEST GRADE (18) IS ATTRIBUTED TO STUDENTS WHOSE KNOWLEDGE OF THE SUBJECT IS FRAGMENTED OR LACKS IN THE CAPABILITY OF LINKING TOGETHER LEGAL REFERENCES TO THE SUBJECT. HIGHEST MARK (30) IS ATTRIBUTED TO STUDENTS WHO DEMOSTRATE TO HAVE ACQUIRED A THOROUGH UNDERSTANDING OF THE SUBJECT AND ARE REMARKABLY CAPABLE OF LINKING TOGHETER LEGAL REFERENCES TO THE SUBJECT. “CUM LAUDE” IS ATTRIBUTED TO STUDENTS WHO DEMOSTRATE A REMARKABLE COMMAND OF THE SUBJECT, ON BOTH THEORETICAL AND PRACTICAL ASPECT, AND SHOW A SIGNIFICANT LANGUAGE ACCURACY, INCLUDING THE AUTONOMOUS ELABORATION OF DISCUSSIONS IN FIELDS CONGRUOUS TO THE DEGREE COURSE.

Verification of learning

ATTENDING STUDENTS: FINAL WRITTEN OR ORAL EXAMINATION, WHICH TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION TO THE LESSONS AND THE PREVIOUSLY-DISTRIBUTED TEACHING AIDS.
NOT-ATTENDING STUDENTS: ORAL EXAMINATION.
LEARNING EVALUATION CRITERIA:
A) ABILITY TO BUILD UP A SYSTEMATIC LEGAL FRAMEWORK, WITH DUE REGARD TO RECENT LEGISLATION AND JUDICIAL DECISIONS; DEBATING CAPABILITIES IN DETERMINING THE ISSUES RELATED TO THE QUALIFICATION AND THE APPLICATION OF THE SUBJECT; MASTERY IN THE RESEARCH OF JURIDICAL SOLUTIONS; ABILITY TO HIGHLIGHT PROBLEMS AND TO SOLVE;
B) ABILITY TO DEVELOP A FLUENT, COHERENT DISCOURSE, WITH APPROPRIATE VOCABULARY AND CLEAR-MINDEDNESS.
C) AUTONOMY AND MATURITY IN THE ANALYSIS OF THE LEGAL INSTRUMENTS AND RELATED MATTERS.
THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS (30/30). SUCCESSFUL COMPLETION OF THE EXAMINATION WILL LEAD TO GRADES RANGING FROM 18 TO 30 “CUM LAUDE”. LOWEST GRADE (18) IS ATTRIBUTED TO STUDENTS WHOSE KNOWLEDGE OF THE SUBJECT IS FRAGMENTED OR LACKS IN THE CAPABILITY OF LINKING TOGETHER LEGAL REFERENCES TO THE SUBJECT. HIGHEST MARK (30) IS ATTRIBUTED TO STUDENTS WHO DEMOSTRATE TO HAVE ACQUIRED A THOROUGH UNDERSTANDING OF THE SUBJECT AND ARE REMARKABLY CAPABLE OF LINKING TOGHETER LEGAL REFERENCES TO THE SUBJECT.
“CUM LAUDE” IS ATTRIBUTED TO STUDENTS WHO DEMOSTRATE A REMARKABLE COMMAND OF THE SUBJECT, ON BOTH THEORETICAL AND PRACTICAL ASPECT, AND SHOW A SIGNIFICANT LANGUAGE ACCURACY, INCLUDING THE AUTONOMOUS ELABORATION OF DISCUSSIONS IN FIELDS CONGRUOUS TO THE DEGREE COURSE.

	Texts
	PARTE GENERALE: G. AUTORINO, D. NOVIELLO, C. TROISI, MEDIAZIONE E CONCILIAZIONE NELLE CONTROVERSIE CIVILI E COMMERCIALI, MAGGIOLI, 2013. PARTE SPECIALE (SOLO PER I NON CORSISTI): C. TROISI, SAGGI IN TEMA DI CONTROVERSIE CIVILISTICHE E RIMEDI STRAGIUDIZIALI, ESI, 2017.