Philosophy of law
Oral and written examinations.
The evaluation is expressed in 30th.
Minimum level required for succeed: 18/30
Students should obtain knowledge of Alternative Dispute Resolution Methods according to European law and in
Italian system Law.
students will know:
Most disputes are resolved outside the court system.
Mediation is a popular and effective form of dispute resolution.
Mediation is voluntary and confidential.
The steps of a mediation.
ADR: Arbitration, conciliation and mediation
Systems of informal justice: historical and semantic framework.
The crisis of the administration of justice in the postmodern age.
The origin of ADR phenomenon (USA and the Pound Conference; the French experience: "la justice de
ADR (mediation) in European legal system. ADR in comparative Law.
Mediation and conciliation according to Italian law system.
Mediation: definitions and theories.
Conflict analysis. The communication.
Mediation models: The utilitarian model of Harvard Negotiation Project; the humanistic model of Jacqueline
Family mediation; restorative justice and mediation in criminal matters.
The mediator and his professional ethics.
Lecture Notes 2015/2016 by Maria Antonietta Foddai; powerpoint slideshow
a book chosen from: Oscar Chase, gestire i conflitti; Fischer; Ury, L'arte del negoziato
Other readings will recommended along the semester
Lectures supported by slides ; discussions; cases study; role playing.
Readiness to offer individual assistance also in a foreign language (eng.-span.-fr.) to incoming students