Mediation and Arbitration – Alternative Dispute Resolution
Course type
Study programme and level
Language
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
Study programme and level | Study field | Academic year | Semester |
I. level | Law and Management of Infrastructure and Real Estate | 3 | 1 |
Course type
Optional
Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
35 | 30 | 85 | 6 |
Lecturer
prof. dr. Peter Jambrek
Language
English
Prerequisits
Enrollment into the 3rd year of study.
Content (Syllabus outline)
– The concept of conflict or dispute.
– History of the peaceful dispute settlement.
– Meaning, advantages and disadvantages of alternative dispute resolution (ADR).
– ADR procedures.
– ADR in Slovenia and comparative legal review of ADR in Europe, USA, China and Africa.
– The concept of mediation, the fundamental principles of mediation and the mediation procedure.
– The concept of arbitration, arbitration procedure and arbitration agreement.
– Legal sources in the field of ADR, mediation and arbitration.
Study Literature
– Fisher R., Shapiro D., Beyond Reason: Using Emotions as You Negotiate, USA, 2005.
– Randolph Paul, Strasser Freddie, Mediation – A Psychological Insight into Conflict Resolution, NY, 2004.
– J. Dingle, J. Kelbie, The Mediation Handbook 2014/5, Unicorn Press Ltd., 2014.
– J. T. Barrett, J. Barrett, A History of Alternative Dispute Resolution: the Story of a Political, Social and Cultural Movement, John Wiley and Soons, 2004.
– Basic legislation in this area.
Objectives and competences
The goals of this course are:
– to be acquainted with some generally valid facts about the conflict and psychological background of ADR,
– to understand the amicable settlement of disputes as an alternative to the judicial system.
Intended learning outcomes
Knowledge and understanding:
after an elective course the student:
– will know the advantages and disadvantages of ADR;
– will know the various forms of ADR and the possibility of their use in practical cases;
– will be familiar with the process of mediation and arbitration;
– will gain knowledge about the regulation of ADR in Slovenia and worldwide.
Learning and teaching methods
– Lectures
– Tutorial
– Seminar