Infopaket

Conciliation procedures in civil litigation

ДВС.13.01

Вибіркова дисципліна для ОП

First

2023/2024

7 Semester

2

Know and master theoretical knowledge about: concepts and elements of conflict; the concept of legal conflict; the concept, system and principles of alternative dispute resolution (ADR) and procedures; ADR sources; negotiations of the parties; mediation (mediation), dispute resolution with the participation of a judge; combined ADR. Be able to: generalize and systematize judicial, arbitration practice, the practice of conciliation procedures and other ADR; to draw up a mediation agreement, an agreement on dispute settlement, to determine the media mobility of the dispute.

Full-time form

Knowledge of doctrinal understanding of the nature and essence of conflict, legal conflict, understanding of the concepts "form of civil dispute resolution", "sources of law", "alternative dispute resolution", "judicial system of Ukraine", "jurisdiction", " jurisdictional body ", "jurisdiction" study of the discipline "Theory of Law", "Judiciary", "Civil Procedure of Ukraine"; knowledge of the basics of procedural forms of dispute resolution, obtained as a result of studying the discipline "Judiciary of Ukraine", "Civil Procedure of Ukraine"; skills of using the requirements of legal technique, acquired as a result of studying the discipline "Drawing up procedural documents in civil litigation ".

Content module 1. Conciliation procedures, ADR and mediation Topic 1. Concepts and elements of conflict. The concept of legal conflict. Topic 2. The concept, features and types of alternative dispute resolution and conciliation procedures. Topic 3. Concepts and characteristics of mediation Topic 4. Mediation procedure. Mediator status. Content module 2. Basic and combined ADR Topic 5. Negotiations between the parties. Topic 6. The settlement agreement.. Topic 7. Settlement of a dispute with the participation of a judge. Judicial mediation Topic 8. Combined ADR Mediation - arbitration. Expert evaluation. Mini-court. Ombudsman.

Alternative ways of resolving disputes: textbook / [M.Ya. Bilak, Yu.D. Prytyka, О.М. Spector, M.M. Khomenko]; for the head ed. Yu.D. Prytyka._ Kharkiv: Pravo, 2019 - 264p Alternative dispute resolution: textbook/general ed. Yu.D. Prytyka. [Col. authors Prytyka Yu.D., Khannyk-Pospolitak R.Yu. Kravtsov S.O., Khomenko M.M. etc. ]. - Kyiv: PH "Dakor", 2021. - 436p Alternative solution of civil disputes: a textbook/ed. N.Yu. Golubeva.-Odessa: Phoenix, 2021-344p Alternative ways to resolve civil disputes under the laws of Ukraine: textbook / Verba-Sidor O.B.; Vorobel U.B.; Yurkevich Yu.M .; for ed. Cand. jur. Sciences, Assoc. O.B. Verba-Sidor. Lviv: Lviv State University of Internal Affairs, 2021. 416p Prytyka Yu.D. Problems of protection of civil rights and interests in arbitration: Monograph. - Kyiv: In Jure Publishing House, 2006. - 636p

Lecture, seminar, mediation simulation, self-study work.

Forms of student assessment - semester forms of assessment: 1. express survey - up to 5 points; 2. preparation of draft acts of law-making - up to 5 points; 3. testing (from the set of judgments to choose the right ones) - up to 5 points; 4. participation in a case study (mediation simulation) - up to 8 points; 5. modular test - up to 10 points. The maximum score that can be obtained by a student at the end of the semester is 40 points. The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. - final assessment: a credit taken in writing.

Ukrainian