OUT-OF-COURT SETTLEMENT OF DISPUTES:
Out-of-court Settlement of Disputes
Chair of Civil Procedural Law
Out-of-court Settlement of Disputes
Study: 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
Code: 61338
ECTS: 4.0
Course coordinators: prof. dr. sc. Alan Uzelac
prof. dr. sc. Jasnica Garašić
doc. dr. sc. Slađana Aras Kramar
Lecturers: doc. dr. sc. Marko Bratković - Lectures
Juraj Brozović , mag. iur. - Lectures
Exam dates:
  • 27. 01. 2020.
  • 10. 02. 2020.
  • 20. 04. 2020.
  • 01. 06. 2020.
  • 15. 06. 2020.
  • 29. 06. 2020.
  • 31. 08. 2020.
  • 14. 09. 2020.
Exam registration: Studomat
Basic data
Out-of-court Settlement of Disputes 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
4.0 61338
Lecturer in charge Consultations Location
prof. dr. sc. Alan Uzelac

Thursdays at 15.00h.

Trg Republike Hrvatske 3, room 19
prof. dr. sc. Jasnica Garašić Trg Republike Hrvatske 3, room 21
doc. dr. sc. Slađana Aras Kramar

Wednesdays at 10 am

Trg Republike Hrvatske 3, room 23
Lecturer Consultations Location
doc. dr. sc. Marko Bratković (Lectures) Trg Republike Hrvatske 3, room 41 (IV. kat, u potkrovlju)
Juraj Brozović , mag. iur. (Lectures) Trg Republike Hrvatske 3, room 42/IV
Literature
Uzelac A.; Gotovac, V. et al.; Mirenje u građanskim, trgovačkim i radnim sporovima; (2004)
Triva, S.; Uzelac, A.; Hrvatsko arbitražno pravo: komentar Zakona o arbitraži i drugi izvori hrvatskog arbitražnog prava; (2004)
Description
The subject comprises the scope of techniques and methods of out-of-court (extra-judicial) settlement of disputes: negotiation, mediation and conciliation, as well as arbitration. The students are taught the general theory of the methods of out-of-court settlement of disputes, as the alternative to proceedings held before the state judiciary bodies, as well as basic characteristic of individual methods mentioned above. The new legislation in this area is particularly analysed (The Arbitration Act and The Conciliation Act), but attention is also given to the new comparative trends in the usage of so-called alternative dispute resolution abroad and internationally. The topics covered in the subject are: the relation between the state judiciary and its alternatives; a survey of possibilities to settle disputes out of court; types of disputes and the methods of their settlement; legal, interest and other disputes; favourable conditions of some disputes for their alternative resolution; techniques of the dispute resolution with and without the possibility of obligatory decision; out-of-court settlement of disputes in individual specific areas: civil, commercial, family, individual and collective disputes.
Exam dates
27. 01. 2020.
10. 02. 2020.
20. 04. 2020.
01. 06. 2020.
15. 06. 2020.
29. 06. 2020.
31. 08. 2020.
14. 09. 2020.
Detailed data
Cognitive Skills:

After successfully completing the course, students will be able to:

Knowledge

- recognise different methods of alternative dispute resolution

- define negotiation, mediation and arbitration as alternative dispute resolution methods

 

Understanding

- describe alternative dispute resolution in individual areas

- explain disputes of interest and legal disputes

- identify the influence of interest and legal disputes on dispute resolution methods

- discuss advantages and disadvantages of judicial or out-of-court dispute resolution manner

 

Application

- select and adequately apply appropriate dispute resolution method

- use special techniques for solving social conflicts

 

Analysis

- distinguish negotiation as a dispute resolution method without mediation from conciliation and arbitration

- categorise individual dispute resolution methods in individual models of classification

 

Synthesis and evaluation

- estimate adequacy of individual dispute resolution methods for achieving desired legal protection effects

- compare domestic and foreign practice of alternative dispute resolution

 

Practical and Generic Skills:

After successful mastering of the course, students will be able to

- justify their standpoints orally and in writing, and evaluate the arguments of persons with different standpoints

- find arguments for and against regulation of individual solutions

- critically evaluate legal solutions and their application in court practice and find better, more adequate solutions

 

Matching Assessments to Learning Outcomes:

The work of individual students is continuously monitored during the course, and in particulkar the poroficiency 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 jjustification of their own points of view will also be evaluated. The final grade will be formed on the 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.