Modes alternatifs de règlement des différends

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BROCHURE

academic year

2025-2026

Course teacher(s)

Olivier CAPRASSE (Coordinator)

ECTS credits

Language(s) of instruction

french

Course content

Some denounce a growing trend towards the 'judicialization' of society. Alongside this, and no doubt also because of it, recent years have seen the development of alternative dispute resolution methods (ADR), broadly understood as all processes that allow disputes to be resolved outside the courts. The study and the practice of these methods have continued to grow, particularly under the influence of reflections developed in Anglo-Saxon countries. ADR is not a panacea. The panacea is choice. The choice for litigants to follow the most appropriate path for resolving their disputes.

In this context, the course enables students to study, inter alia:

- negotiation,
- settlement,
- expert determination,
- collaborative law,
- third-party decision,
- mediation,
- arbitration.

Emphasis is placed on the last two methods – particularly arbitration – due to their specific legislative framework and their growing practical importance.

Objectives (and/or specific learning outcomes)

The course aims to enable students to:
- master the distinctions between the different ADR methods (mediation, arbitration, binding third-party decision, etc.);
- master their legal framework;
- become aware of the contractual freedom that the law offers in establishing dispute resolution processes and acquire the necessary competence to use this freedom;
- become more aware of the varied ways in which the role of the jurist in relation to litigation can be exercised.

Teaching methods and learning activities

Oral course based on presentations relying as much as possible on exchanges with students.

Other information

Campus

Solbosch

Evaluation

Method(s) of evaluation

written examination

written examination

Open question with short answer

Written exam in the first and second session.

Language(s) of evaluation

french