for non-attending students: "Mediation through understanding. Challenging conflict: principles and techniques of a revolutionary method" by Gary Friedman and Jack Himmelstein; Franco Angeli.
Alternatively:
R. Ballreich, F. Glasl,
The systemic management of conflicts in organizations.
Concepts, methods and exercises to understand the interpersonal and organizational dynamics of conflicts
Publisher: Utet Giuridica
2021. “Translation by Danila Moro”
It is essential to study:
EU Directive 52/2008, Legislative Decree 28/2010 (after the Cartabia reform), the DM 180/2010, the sentence of the Constitutional Court 272/2012.
For attending students: the texts will be indicated during the lessons.
Learning Objectives
Knowledge
Concepts and discipline on mediation.
Capacity
A) Ability to address the main theoretical and practical issues emerging in ADR and mediation.
B) The ability to search for normative, bibliographic and jurisprudential material, and to use them for correct set-up and problem solving.
Expertise
Management of ADR and mediation.
Teaching Methods
Lectures, classroom exercises
Type of Assessment
FINAL EXAM: The Conflict Mediation Examination will be supported in one oral exam at the end of the course.
During the exam, the student must demonstrate the mastery of the subject.
The oral exam will consist of three questions: one of a general nature, one centered on a specific topic, one of a more practical nature on mediation techniques. The evaluation will allow the exam to be passed if the answers are fully sufficient and no gross errors or gaps emerge. The evaluation will be excellent if the answers are exhaustive. The following profiles will also be taken into consideration: ability to organize knowledge discursively, critical reasoning ability, quality of exposure, competence in the use of specialist vocabulary, efficacy and linearity of exposure.
Course program
Negotiation techniques
Power, right, interest, theory of conflict
Civil and commercial mediation in the legal system and in the Cartabia reform
Mediation requested by the judge
Simulation and discussion of texts
Restorative justice and criminal mediation
Consensus justice: what future for the professions?
laboratory of mediation