The course is divided into two parts: theoretical part, consisting of lectures, a practical part, consisting of exercises and simulations.
Theoretical part: The problem of injustice and the definition of justice. Crisis and transformations of law. The crisis of the judicial system in the postmodern panorama of law. The two functions of jurisdiction and their different evolution: to resolve disputes and to say 'the right'. Access to justice: definitions. Legal and sociological analysis. Cappelletti’s study and the three waves. The origins of the ADR phenomenon. United States: Litigation Explosion and the Pound Conference. Canada: Participatory Justice. Europe and EU policies: Directive 2008/52. Alternative dispute resolution tools in the Italian legal system. Mediation: definitions and theories. Conflict Analysis. Communication. Mediation Models: The Harvard Model and the Morineau Humanistic Model. Family mediation; restorative justice and criminal mediation. The role of the mediator: ethical issues. Collaborative Law and Assisted Negotiation.
Practical part: study of the conflict and the legal dispute through a legal case; positions and interests: exercise with role plays, simulation of a mediation: organisation of working groups.