MEDIATION AND ADR LAW

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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Single discipline educational activity

Course Sheet

Course code:

000278L

Academic Year of enrolment:

2017

Year of supply:

2018/2019

Type of Course:

Elective Course

Degree:

Course of 1st Cycle Degree in BUSINESS LAW

Disciplinary Sector:

Civil Procedural Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

DE BENEDICTIS Lucio Stenio

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

102

Objectives

The course aims at an up-to-date and organic vision of civil and commercial mediation procedure in the italian legal system.
Lessons will be centered on the mediation technical-operational aspects and on the analisys of the out of court tools to solve and/or settle disputes aiming at the achievement of the educational objectives necessary to practice, after the student’s degree, the task of mediator (D.M. n. 180/2010).

Contents

- ADR: outlines
- Types and patterns of ADR : main outlines
- ADR evolution in Italy
- Prescriptive outline of the regulation of mediation process between legal and regulation sources
- mediation process
- Conciliation process and arbitration in the banking and financial area

Extended Syllabus

- ADR outlines
- Community prescriptive
- Types and patterns of ADR: main outlines
- Transaction
- Arbitration
- Mediation
- Different types of ADR
- On-Line Dispute Resolution (ODR)
- ADR evolution in Italy
- Prescriptive outline of the regulation of mediation procedure between legal and regulation sources
- The Mediator’s requisite qualifications
- The Mediator’s responsibility
- The lawyer’s role in the mediation process
- The mediation process
- General principles of mediation process
- Regulation of the mediation process
- The conclusion of the mediation process
- Tax breaks related to the mediation process
- Relations between mediation process and trial
- Preliminary restrictions
- Non-attendance to the mediation process
- The principle of the legal costs
- Conciliation processes and arbitration in the banking and financial area.

Recommended Bibliography

- Autorino-Noviello-Troisi: Mediazione e conciliazione nelle controversie civili e commerciali, Maggioli Editore, 2014
- Revision slides for all students during the course

Methods of Provision

Conventional

Teaching Methods

Lessons in the lecturehall, simulation of mediation process with professional Mediators, workshops

Evaluation methods

Verification of learning:

Half-term optional written exam with essay questions on the examined topics for students attending the course.
The written exam might be taken into account at the end of the course, after passing (with a score of at least 18/30) the oral exam, on the student’s previous demand.
Up to 4 scores might be added to the oral exam.
The written exam evaluation is valid during the 2018/2019 academic year.
For not-attending students, oral exam during the academic sessions.

Other courses

Course year: 1

CONSTITUTIONAL LAW
9 Credits - Basic
HISTORY OF MEDIEVAL AND MODERN LAW
6 Credits - Basic
INSTITUTIONS OF ROMAN LAW
6 Credits - Basic
PHILOSOPHY OF LAW
9 Credits - Basic
PRIVATE LAW
9 Credits - Basic
POLITICAL ECONOMICS
9 Credits - Characterising
PROTECTION OF RIGHTS
6 Credits - Elective Course
THEORY OF LEGAL INTERPRETATION AND ARGUMENTATION
6 Credits - Elective Course
FOREIGN LANGUAGE
3 Credits - Language/Final Examination
FOREIGN LANGUAGE (ENGLISH)
3 Credits - Language/Final Examination
FOREIGN LANGUAGE (FRENCH)
3 Credits - Language/Final Examination
FOREIGN LANGUAGE
3 Credits
FOREIGN LANGUAGE (FRENCH)
3 Credits
INTERNATIONAL LEGAL ENGLISH
3 Credits

Course year: 2

INTERNATIONAL LAW
9 Credits
DIRITTO PUBBLICO DELL'ECONOMIA
6 Credits - Basic
ADMINISTRATIVE LAW
9 Credits - Characterising
BUSINESS ADMINISTRATION
9 Credits - Characterising
COMMERCIAL AND CORPORATE LAW
9 Credits - Characterising
COMPARATIVE PRIVATE LAW
6 Credits - Characterising
COMPUTER SCIENCE
6 Credits - Characterising
FORENSIC STATISTICS
9 Credits - Characterising
TAXATION LAW
9 Credits - Characterising
TRANSPORT LAW
6 Credits - Characterising
BANKING LAW
6 Credits - Related/Supplementary
CIVIL LIABILITY
6 Credits - Related/Supplementary
HUMAN RESOURCE MANAGEMENT
6 Credits - Related/Supplementary
GIUSTIZIA AMMINISTRATIVA
6 Credits - Elective Course
MEDIATION AND ADR LAW
6 Credits - Elective Course
OPTIONAL COURSE
6 Credits - Elective Course

Course year: 3

CIVIL PROCEDURE
9 Credits - Characterising
CRIMINAL LAW
9 Credits - Characterising
LABOUR LAW
9 Credits - Characterising
EUROPEAN UNION LAW
6 Credits - Related/Supplementary
FINANCIAL REPORTING
9 Credits - Related/Supplementary
INDUSTRIAL RELATIONS LAW
6 Credits - Related/Supplementary
INSTITUTIONS OF FEDERALISM
9 Credits - Related/Supplementary
FINAL EXAMINATION
6 Credits - Language/Final Examination
FORMATIVE STAGE
6 Credits - For stages and internships

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MEDIATION AND ADR LAW