The aim of the course is: to explore the theme of alternative dispute resolution (ADR) methods, especially with regard to civil and commercial mediation, in a perspective of complementarity and balance with jurisdiction oriented towards the research of an efficient and sustainable system of civil justice.

Knowledge and understanding: The student will acquire full knowledge of the general categories of ADR procedures and the more complex system of civil justice in a perspective of sustainability, also considering the framework of the European Union and of Italian constitutional principles. Applying knowledge and understanding: The student will be able to interpret and apply, even with respect to concrete cases, the principles and institutions of ADR. The presence of online content in the digital platform and the holding of practical workshops will allow you to verify in real time the skills acquired. The acquisition of such knowledge will also be verified through intermediate tests. At the end of the course there will be an oral exam. Making judgements: The student will be able to collect data and materials to analyze the normative sources and the relevant guidelines in doctrine and jurisprudence with reference to the discipline of ADR procedures and will acquire the ability to independently evaluate these data by formulating critical judgments on the application of rules and identifying appropriate solutions to specific, practical cases. Communication skills: The student will be able to master the technical-legal lexicon of ADR procedures. By participating in the different activities of the course (lessons, simulated procedures, laboratories, etc.) the student will learn to put into practice such communicative skills in different contexts, acquiring further argumentative skills. Learning skills: The technical-legal knowledge acquired during the course will allow the student to understand and interpret autonomously the latest normative, doctrinal and jurisprudential developments related to the regulation of ADR systems, being able to undertake post-lauream vocational training. No pre-requisite required. Interaction and social conflict. Introduction to dispute resolution systems. Types of ADR: negotiation, mediation, arbitration. Mediation in the European and Italian legal systems. General principles and the evolution of ADR in Italy. Collaborative law. ADR systems for consumers and businesses: the role of independent administrative authorities. Evolving profiles of civil justice: effectiveness, efficiency and sustainability.

Interaction and social conflict. Introduction to dispute resolution systems. Types of ADR: negotiation, mediation, arbitration. Mediation in the European and Italian legal systems. General principles and the evolution of ADR in Italy. Collaborative law. ADR systems for consumers and businesses: the role of independent administrative authorities. Evolving profiles of civil justice: effectiveness, efficiency and sustainability.

Troisi, C. (2024). Mediazione e giustizia complementare. Giappichelli. Optional readings (to be agreed with the teacher): Chase, O. G., & Ferrarese, M. R. (2009). Gestire i conflitti. Diritto, cultura, rituale. Laterza. Luiso, F.P. (2025). Diritto processuale civile, V, La risoluzione non giurisdizionale delle controversie. Giuffrè Francis Lefebvre. Marinaro, M. (2023 n. 3). La mediazione riformata e le relazioni d’impresa - Journal Le Società - Ipsoa (pp. 359-371). Marinaro, M. (2024 n. 1). Il nuovo regolamento ministeriale per la mediazione civile e commerciale: profili rilevanti del “primo incontro” – Journal Il Foro Italiano – La Tribuna (cc. 21-29). Marinaro, M. (edited by) (2025). Diritto della mediazione civile e commerciale. Gruppo24Ore.

Frontal lectures and open debates in the class are envisaged in the teaching course. Guests from the world of institutions, universities, businesses, professions. Critical discussion on selected topics, based on scientific articles. Use of new teaching learning methodologies like: inquiry-based learning; problem based learning; peer education; flipped classroom.

The final grade will be determined by the assessment of active class participation (20%), group work (30%), and the final oral exam (50%). During the oral exam, the student will be required to show that he/she knows and understands notions and principles of ADR methods and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of ADR systems and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be considered to assign the final grade, expressed in thirtieths: - knowledge and understanding of the principles and notions of ADR methods and ability to apply them to concrete cases (70%); appropriate use of the technical and legal vocabulary, ability to analyze and evaluate relevant sources and acquisition of the study method (30%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Interest for the discipline. Active participation to the classes. Quality and relevance of the proposed topic.