|Alternative Dispute Resolution||
Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
|Lecturer in charge||Consultations||Location|
|prof. dr. sc. Alan Uzelac||
Thursdays at 15.00h.
|Trg Republike Hrvatske 3, room 19|
|doc. dr. sc. Marko Bratković (Lectures)||Trg Republike Hrvatske 3, room 41 (IV. kat, u potkrovlju)|
|Gašo Knežević; ADR vs. Public Justice: Turn of the Tide?, in: Path of Mediation in Bosnia and Herzegovina; (2009), str. 61-81|
|Fisher/Ury/Patton; Getting to YES; (1981)|
|Klaus Peter Berger; Private Dispute Resolution in International Business; Kluwer (2009)|
|R. Verkijk; Mandatory Mediation: Informal Injustice?, in: Uzelac/van Rhee, Public and Private Justice; Intersentia (2007), str. 189-209|
|Siniša Triva, Alan Uzelac; Hrvatsko arbitražno pravo; Narodne novine (2007)|
|N. Betetto; Court-Based Mediation and its Place in Slovenia in: Uzelac/van Rhee, Public and Private Justice; Intersentia (2007), str. 211-224|
This course aims to explore the whole continuum of dispute resolution methods and techniques which may be a replacement for civil litigation, such as negotiations, mediation and conciliation (with a number of intermediary forms) and arbitration. The students will be acquainted with the general theory of non-judicial dispute resolution as an alternative to the proceedings within the institutions of the state justice system, and will learn their main characteristics and special features of the individual methods of alternative dispute resolution (ADR). In the course the students will have an opportunity to analyze and interpret the law of arbitration and mediation at a national level (e.g. Croatian law and the law in the region). However, special attention is also devoted to new trends related to the use of ADR at a European and international level.
The objectives of this course are:
1. To enable students to define and distinguish various alternatives to court litigation.
2. To help students in acquiring the skill of recognizing a chance for resolving legal problems without resorting to courts.
3. To provide students with basic and intermediate skills necessary for the use of negotiation, mediation and arbitration.
Subjects to be studied:
1. The relation of the state justice system and its alternatives: a general survey of the methods of out-of-court dispute settlement;
2. Types of disputes and specific way how to resolve them: disputes regarding rights and dispute regarding interests;
3. Direct and indirect negotiations and techniques of dispute settlement involving a third impartial person; principled negotiations as a method of getting to yes;
4. Mediation/conciliation: evaluative and facilitative methods;
5. The oldest member of the ADR family: arbitration;
6. Out-of-court dispute settlement in specific fields: civil, commercial, family disputes; individual and collective labor disputes.
| Cognitive Skills:
After successful completion of the course, students will be able to
- recognise different methods of alternative dispute resolution
- define negotiation, mediation and arbitration as alternative dispute resolution methods
- describe alternative dispute resolution in individual areas
- explain interest and legal disputes
- identify the influence of interest and legal disputes on dispute resoultion method
- discuss advantages and disadvantages of judicial i.e. alternative dispute resolution method
- select and adequately apply an appropriate alternative dispute resolution method
- use special techniques for resolving social conflicts
- distinguish negotiation as an alternative dispute resolution method without participation of the third party contrary to conciliation and arbitration
- categorise individual dispute resolution methods in individual models of classification
Synthesis and evaluation
- assess adequacy of individual dispute resolution methods for achieving desired legal protection effects
- compare domestic and foreign practice of alternative dispute resolutionPractical and Generic Skills:
-After successful completion of the course, students will be able to:
- justify their opinions orally and in writing, and analyse arguments of people with diferent points of view
- find pro and con arguments of individual alternative dispute resolution methods
- critically evaluate legal solutions and their application inthe practice of judicial and alternative dispute resolutionMatching Assessments to Learning Outcomes:
The work of individual students is continuously monitored during the course, and in particular the proficiency of the student to prepare an independent presentation on a previously determined topic. The student's skill of presenting in front of the colleagues and teachers and justification of their own points of view will also be evaluated. The final grade will be formed on the basis of an oral examination, which, in agreement with the student, can be replaced by a seminar paper written on the basis of conducted research and/or analysis of domestic and foreign litareture, and oral presentation and defense of the paper in a structured interview with the teacher. In this interview the student's knowledge and understanding of the relevant subject matter and their analytical abilities will be assessed.
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