Conciliation procedures in civil litigation

Course: «Еducational and Professional Program Law»

Structural unit: Educational and Scientific Institute of Law

Title
Conciliation procedures in civil litigation
Code
ВБ.01.01.13
Module type
Вибіркова дисципліна для ОП
Educational cycle
First
Year of study when the component is delivered
2023/2024
Semester/trimester when the component is delivered
7 Semester
Number of ECTS credits allocated
4
Learning outcomes
Acquisition of knowledge and skills in legal analysis of principles and legal foundations of conflict resolution and dispute resolution using conciliation procedures as a form of alternative dispute resolution, acquisition of knowledge about conflict theory, acquisition of skills of a third independent person (mediator) in dispute resolution; developing skills in preparing draft mediation agreements, conditionality agreements; developing skills in procedural dispute resolution with the participation of a judge.
Form of study
Full-time form
Prerequisites and co-requisites
Know the nature and essence of conflict, legal conflict; know the concepts of "form of resolution of a civil dispute", "sources of law", "alternative dispute resolution", "judicial system of Ukraine", "jurisdictional body", "jurisdiction", obtained as a result of studying the discipline "Theory of Law", "Judicial System", "Civil Procedure of Ukraine"; know the basics of procedural forms of dispute resolution, obtained as a result of studying the discipline "Judicial System of Ukraine", "Civil Procedure of Ukraine". Be able to analyze relevant legal relations, determine their legal nature and structure; to prepare civil procedural documents. To have the skills to use legal techniques acquired as a result of studying the discipline "Drawing up procedural documents in civil proceedings".
Course content
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.
Recommended or required reading and other learning resources/tools
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
Planned learning activities and teaching methods
Lecture, seminar, mediation simulation, self-study work.
Assessment methods and criteria
Forms of current assessment: 1. report (speech on a given topic) - up to 7 points; 2. addition - from 1 to 4 points; 3. participation in the discussion - from 1 to 3 points; 4. scientific work (meaningful written work on a given topic with literature analysis and conclusions) as one of the forms of independent work - up to 10 points; 5. solving situational problems - up to 5 points; 6. participation in a mediation simulation - up to 8 points; 7. testing (choose the correct ones from a set of judgments) - up to 8 points; 8. drawing up procedural documents - up to 8 points; 9. test work - up to 7 points.
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Yurii Prytyka
Сivil Procedure Department
Educational and Scientific Institute of Law

Departments

The following departments are involved in teaching the above discipline

Сivil Procedure Department
Educational and Scientific Institute of Law