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DROI-C5127
Modes alternatifs de règlement des différends
Course teacher(s)
Olivier CAPRASSE (Coordinator)ECTS credits
5
Language(s) of instruction
french
Course content
Nowadays, there is a growing tendency to resolve social problems in courts. Beside this tendency, and maybe because of it, last years were also the years of the development of alternative dispute resolution (ADR), i.e. the proceedings which enable to resolve disputes outside of the courts. The study, and to a lesser extend the practice, of ADR never stopped growing, under the impulse, inter alia, of anglo-saxons thoughts. ADR is not the panacea. Choice is panacea, choice for the citizens to choose the most appropriate path for the resolution of their disputes. In this context, the study of ADR is of crucial importance. This is the object of this course, with a specific focus on mediation, the ADR in the highest sense of the word.
Objectives (and/or specific learning outcomes)
The course is devoted to enable students : - to master the distinctions between the various ADR proceedings; - to master the legal framework of the ADR (including arbitration, taking into account that there is another specific course on this topic); - to master the law of mediation and to be initiated to the practice of it through the participation in exercises; - to realize that law offer great freedom in the setting up of conventional proceedings to resolve conflicts, and to develop the competence to use this freedom; - to better realize that the role of lawyers in dealing with disputes may be exercised through different ways.
Teaching methods and learning activities
seminar
Evaluation
Method(s) of evaluation
- Other