At the end of the clinic, students are required to have a thorough knowledge of the institution of mediation and the legal provisions governing its operation. Knowledge of alternative dispute resolution methods in general and the basic ideological principles that inform ADR is also required. In particular, mastery of the regulatory provisions that are contained in decreto legislativo n. 28 of 4 March 2010, with all subsequent amendments, is necessary and basic, and will therefore constitute a significant part of learning. The student will also be able to understand the application of procedural rules to concrete cases, also based on the reading and explanation of some of the most important case law. They will be able to analyse and evaluate with a basic critical approach the interpretative orientations. The main mediation techniques, in terms of communication, argumentative activities and persuasion strategies, will also form a fundamental part of the course. There will also be practical exercises (mediation simulations) that will enable students to put rules and techniques of mediation into practice, learning how the institution works.
Course Prerequisites
Knowledge of the rules of civil procedure
Teaching Methods
The clinic is based on theoretical lectures, practical lessons and a series of seminars on the general topic of conflict resolution. The practical lessons and exercises will be held by professional mediators and experts in the field. The topics will be covered in accordance with the outlined training objectives. The seminars will focus on case law on topics of particular relevance and interest or on topics of general interest.
Assessment Methods
Learning is tested by means of a written paper and an oral examination aimed at ascertaining the achievement of the educational objectives of the clinic. The subject of the examination is the content of teaching lectures and teaching seminars. The evaluation will take into account the ability to present the arguments in an appropriate manner.
Texts
Preparation for the exam is based on the lecture notes and the readings that will be indicated during the course. We also recommend consulting Carpi-Taruffo, Commentario breve al Codice di procedura civile, Padova Cedam, latest edition available, sub Appendice, commentary on decreto legislativo no. 28 of 4 March 2010.
Contents
The clinic focuses on ADR and the institution of mediation (in particular: decreto legislativo no. 28 of 4 March 2010 and ministerial regulations). Knowledge of the legal rules governing the institution of mediation, the main case law and mediation techniques is essential. In the course of the lectures, the general topic of conflict resolution in relation to the protection of rights will also be addressed.
Course Language
Italian
More information
During the course, the topic of AI tools applied to conflict resolution (ODR) will be addressed.