Insegnamento a.a. 2025-2026

This course offers a comprehensive study of negotiation, mediation, and international dispute settlements from a comparative and transnational perspective. Topics include:

•    Theories and strategies of negotiation in private cross-border disputes, including distributive vs. integrative models and tools such as Game Theory and Principled Negotiation.
•    Practical techniques for conducting and managing international commercial negotiations, with a focus on preparation, bargaining, and overcoming impasses.
•    The role of mediation in resolving civil and commercial disputes, including mediator functions, required skills, and procedural models.
•    Use of mediation in international contexts, with attention to mediation clauses, institutional frameworks, and case-based simulations.
•    Legal frameworks governing negotiation, mediation, and in-court settlements in both national and international private disputes.
•    In-court dispute resolution methods, including court-encouraged mediation and direct negotiation between parties, with comparative insights from Europe and the U.S.
•    Foundations and procedures of international arbitration, including its interaction with national courts and enforcement mechanisms.
•    The impact of cultural differences on negotiation and mediation practices, with emphasis on adapting strategies to diverse legal and business environments.

- Understand how negotiation and mediation work in cross-border civil and commercial disputes
- Apply key negotiation and mediation models to real-world legal conflicts
- Identify the legal frameworks that govern dispute resolution methods in international private law
- Navigate the challenges of resolving disputes across different legal systems and cultures
- Evaluate when and how to use court settlements, mediation, or arbitration effectively
- Practice negotiation and mediation skills through simulations and case-based exercises
- Analyze the role of mediators, arbitrators, and judges in cross-border disputes
- Communicate strategically in diverse dispute resolution settings

- Prepare and conduct structured negotiations in complex cross-border civil and commercial disputes.
- Draft and assess mediation clauses and evaluate the suitability of mediation or arbitration in contract design and dispute resolution planning.
- Participate effectively in simulated negotiation and mediation sessions, demonstrating teamwork, adaptability, and strategic thinking.
- Communicate legal arguments and settlement proposals clearly and persuasively in multi-party, multicultural settings.
- Recognize when and how to shift from adversarial to cooperative approaches in ongoing court or arbitral proceedings.
- Apply negotiation and mediation models to real-life scenarios, identifying stakeholder interests and mapping options for resolution.
 

• Lectures
• Guest speaker's talks (in class or in distance)
• Practical Exercises
• Collaborative Works / Assignments
• Interaction/Gamification

The learning experience in this course combines traditional face-to-face lectures with interactive and practice-oriented activities.
Case studies are discussed in class and progressively developed to reflect the advancement of topics throughout the course. Group assignments are used to enhance students’ ability to build and present legal arguments collaboratively.
Active participation is encouraged, with students invited to contribute their perspectives and engage critically with the materials. The course also features guest lectures by legal practitioners and includes participation in simulations and moot court competitions, allowing students to apply negotiation, mediation, and dispute resolution techniques in realistic settings.

Students will be assessed through two main components.
The first is continuous assessment, which takes into account active participation and collaborative work in class. This gives students the chance to build practical skills in handling legal issues related to negotiation, mediation, and international dispute settlement.

The second component includes partial and final written exams. These may feature open- or closed-ended questions, and group assignments, all aimed at evaluating students’ understanding of the course and their ability to apply legal concepts and procedural rules to realistic cases.
Students who do not attend the course will be assessed solely through the partial and final written exams

The professor will provide class materials, including case studies and slide decks, which will be uploaded in advance of each class meeting.

All bibliographical references will be shared in the syllabus at the start of the course.