CIVIL PROCEDURE AND ALTERNATIVE DISPUTE RESOLUTION
Learning outcomes of the course unit
The purpose of the course is providing an overview of italian civil procedure law as well as of the most important alternative dispute resolution methods.
At the end of the course, students should have acquired knowledge and skills related to the main issues of italian civil procedure law and of the most important alternative dispute resolution methods.
In particular, it is expected that students will be able to: 1. Know the legal provisions contained in the Code of civil procedure and in the laws governing arbitration, mediation and other alternative dispute resolution methods; Read and understand a court judgement; Interpret rules systematically (knowledge and understanding skills). 2. Apply skills acquired in concrete cases; Be able to perform practical case studies through the techniques of legal argumentation (ability to apply knowledge and comprehension). 3. Know how to analyze autonomously court judgements through the process of interpretation of the fact and its legal qualification (autonomy of judgment). 4. Express the conclusions of their own analysis of the court judgement and/or the concrete case, adequately motivating them (communicative abilities). 5. Be able to link the different topics with related disciplines; know how to evaluate the various alternative solutions to different concrete situations (learning ability).
Students will be admitted to the exam only if they have previously passed the following exams: Principles of Private Law, Principles of Roman Law, Constitutonal Law.
Course contents summary
The course deals with the following topics: the general principles governing civil procedure; Ordinary cognitive proceedings at first instance; Judgments, appeals and res judicata; Summary, interim and special proceedings; Arbitration, Mediation and other alternative dispute resolution methods.
E. MERLIN, Elementi di diritto processuale civile. Parte generale, Pacini Giuridica, 2017
C. MANDRIOLI, A. CARRATTA, Corso di diritto processuale civile (editio minor), vol. II, Giappichelli, 2020
C. MANDRIOLI, A. CARRATTA, Corso di diritto processuale civile (editio minor), vol. III, Giappichelli, 2020 (pp. 153–235; 245–272; 351-394).
Didactic materials will be inserted in the Elly platform as an in-depth analysis of individual topics. These materials are considered an integral part of the course.
The course consists of classroom lectures and seminars aimed at combining the systematic and the practical profiles of the procedural and civil-law subject.
At the end of each lesson a test will be presented with a series of questions regarding the topics examined, which will be corrected collectively in the next lesson.
Assessment methods and criteria
The final exam consists of a series of oral questions concerning the course textbooks and the final mark is the result of the average of all the scores obtained in the answers. The mark, on a 30-point scale, is equally based on the students’ mastery of argumentations, their critical view of the topics covered during the course and their ability to relate different parts of the course content. To pass the examination students need 18 or more.
Two intermediate written examinations will be held during the course, reserved to students who attend the lessons. The first examination will concern the general principles of the civil procedure. The second will concern the ordinary trial. Each examination consists of four questions.
During the first semester, in the persistence of the health emergency and depending on its evolution, the exam may take place either in mixed mode (i.e. in the presence, but also online for students who do request to the teacher), or only online for everyone. The chosen way of carrying out the exam will be promptly communicated.