B030893 - CIVIL PROCEDURE AND MEDIATION WORKSHOP

Italian

FOR ATTENDANTS STUDENTS IN PRESENCE OR BY REMOTE BUT LIVE (no remote deferred): 1. Handouts uploaded on Moodle, entitled
Materials & Cases; plus 2. the materials indicated by the lecturer during the lectures.
Attending students may use the text indicated below.
FOR NON attending students (or students following non-live classes).
P. Biavati, Argomenti di diritto proceduale civile, Bologna, 2020:
-Chapter I, The fundamental structure of the trial: everything;
-Chapter II, The conditions of the trial: the following paragraphs and their sub-paragraphs: paras. 20, 21, 24, 25, 26, 27;
-Chapter III, paragraphs from 38 to 52;
-Chapter IV, The other forms of declaratory process: all except paragraphs and sub-paragraphs 77, 78, 79 thereof;
-Chapter V, Interlocutory Protection: All excluding paras. and subparas. 93, 94, 95;
Chapter VI, Enforcement: only paragraphs and sub-paragraphs 96, 97, 98;
-Chapter VII, Out of Court: All.

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The course is intended to be conducted through interaction between the lecturer and students. The lectures will be complemented by the students' scheduled exposure to the selected cases and topics (and contained largely, but not exclusively, in the Materials & Cases handouts), so as to, appropriately, 'build' during the course of the lectures, the students' understanding and expressive ability of the issues related to judicial protection and mediation.

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For ATTENDING STUDENTS, thanks to participation in the lesson as described above under <<teaching methods>>, is it possible, in the teacher's judgement, that the work carried out by students during the course will result in a grade for the examination. If necessary, in the teacher's judgement, these lectures will be supplemented by a written report.

FOR NON ATTENDING STUDENTS: Examinations will be held in written form (compulsory) and oral form (optional and at the teacher's discretion).
The written test consists of three open-ended questions to be completed in one hour and thirty minutes. The questions will be pre-printed on the sheets that will be distributed by the lecturer: the space dedicated to the writing of the answers is merely indicative and not compulsory.
A short oral interview may only take place in the event of uncertainty regarding preparation.
The questions will relate to the topics covered in the "Reference Texts".
During the written test, students will have to hand in their codes, mobile phones and computer media, textbooks.

The programme focuses on the study of the various forms of protection provided in our legal system, with references also to the civil procedural law of the European Union.
The programme consists, in particular, of an extensive part devoted to civil judicial protection, conducted on structure and principles.
In particular, the study of the structure of the ordinary cognitive process and of its principles, including constitutional and EU-sourced principles, including the labour rite; the profiles of summary, precautionary and non-cautionary protection is addressed.
In the course of the lectures, extensive use will be made of judgments on specific issues.
A central role is played by the study of alternative dispute resolution systems, mediation and negotiation in primis.