"G. d'Annunzio"
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).
- 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
- 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.
- Autorino-Noviello-Troisi: Mediazione e conciliazione nelle controversie civili e commerciali, Maggioli Editore, 2014 - Revision slides for all students during the course
Lessons in the lecturehall, simulation of mediation process with professional Mediators, workshops
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 2019/2020 academic year. For not-attending students, oral exam during the academic sessions.
