Error message
User error : Failed to connect to memcache server: druportbe01:11211 in dmemcache_object() (line 415 of /production/drupal/dim_prod/drupal/d7cl4/prod/unich/releases/7/web/sites/all/modules/contrib/memcache/dmemcache.inc ).
Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
DE BENEDICTIS Lucio Stenio
Hours of classroom activity:
Prerequisites:
Are not expected preparatory constraints
Objectives
Contents 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)
Extended Syllabus • 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.
Recommended Bibliography - 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
Methods of Provision
Teaching Methods Lessons in the lecturehall, simulation of mediation process, workshops
Evaluation methods Verification of learning:
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.
Contacts/More Information