"G. d'Annunzio"
Are not expected preparatory constraints
The first part of the course offers the students an uptodate and clearly organized view of the out of court system (ADR) included in the Italian legal system in order to settle and/or resolve the controversies in the civil sector. It also analyses the characteristics and the national as well as local reference regulatory content. The secon part of the course will focus the mediation proceedings, consiliation, assisted negotiation and arbitration with a particolar focus on the mediation tecniques and on negotiation dynamics. The course will provide the successful candidate with the proper mediation techniques as in the DM n.180/2010 and/or the litigation management of companies as well as public entities
ADR : outlines Forms and models of ADR : main outlines ADR evolution and characteristics in the Italian legal system ADR procedure : mediation, conciliation, assisted negotiation and arbitration The latest developments in ADR introduced by the D.Lgs.n.149/2022 (c.d. Riforma Cartabia)
• The controversies out of law settlement (ADR): outlines • The first alternative resolution methods in the Italian legal system • Origins and development of alternative methods of conflict resolution in the USA • Community legislation • ADR evolution in the National legal system • ADR forms and models : main outlines • The mediation process : reference regulatory frame work; mediation procedures; the mediator; the compulsatory, optional, delegated and agreed mediation; the relation between mediation and the process; the mediation procedure; the role of the lawyer in mediation; the absence of the partecipants in the mediation; the procedural costs; the fiscal facilitations • The assisted negotiation : the agreement of negotiation; the optional and obligatory negotiation; the negotiation dealing with work matters and family matters • The arbitration : the arbitration agreements; the arbitrators; the procedure ; the out come; the penalities.
- LUISO, Diritto processuale civile - V - La risoluzione non giurisdizionale delle controversie, Giuffre', 2023 - pages: from 3 to 7; from 27 to 179; from 218 to 225; from 235 to 243 - Revision slides for all students during the corse
Lessons in the lecturehall, simulation of mediation process, workshops
For students who attended the course in person the written examination will be held midterm with written responses based on arguments already examined . The test score will be based on a scale from 0 to 30. In the oral exam the written portion will be taken into consideration only upon request by the student and conditional upon the oral is higher than a score of 18. In such a case the oral grade for the written portion can not exceed 4 points. The score from the written portion is valid for the a.y.2023/2024. For the students who did not attend the course the oral exam is the only option.
-- Total hours of lessons and exercises: 48 -- Email for contacts: STUDIO@LSDEBENEDICTIS.IT
