Mediation and Arbitration – Alternative Dispute Resolution

Course type

Study programme and level

Graduates, Law and Management of Infrastructure and Real Estate

Language

slovenščina

Lectures	Seminar	Tutorial	Druge oblike študija	Individual Work	ECTS
35		30		85	6

Study programme and level	Study field	Academic year	Semester
II. level	Law	1/2	1/2

Course Type

Elective

Workload	Lectures (h/semester)	Seminar (h/semester)	Tutorial (h/semester)	Individual Work (h/semester)	ECTS
	30			120	6

Lecturer

prof. dr. Peter Jambrek

Language

English

Prerequisites

None.

Content (Syllabus outline)

• The concept of conflict or dispute.
• History of the peaceful settlement of dispute.
• 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.
• Sources of law in the field of ADR, mediation and arbitration.

Study Literature

• Fisher, D. Shapiro, Beyond Reason: Using Emotions as You Negotiate, Viking Books, 2005.
• Randolph, F. Strasser, Mediation – A Psychological Insight into Conflict Resolution, Continuum, 2004.
• Dingle, J. Kelbie, The Mediation Handbook 2014/5, Unicorn Press Ltd., 2014.
• T. Barrett, J. Barrett, A History of Alternative Dispute Resolution: the Story of a Political, Social and Cultural Movement, John Wiley and Soons, 2004.
• A. Bevan, Alternative Dispute Resolution, Sweet and Maxwell, 1992.

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

Assessment

• written examination
• assignments

Lecturer’s references

Selected bibliografical units: