Alternative Dispute Resolution

Subject	Alternative Dispute Resolution
Semester	5th semester (autumn)
Type	Required (Elective module: Management and Law)
ECTS	6 ECTS
Study programme:	Business studies (Undergraduate)
Primary language:	Slovene

Introduction
The course will be carried out in the  Slovene language and is an elective course in accordance with an officially approved curriculum of the Undergraduate Degree Program and an elective course in accordance with an officially approved curriculum of the Postgraduate Degree Program in Business Studies.

Preconditions
Students must have sufficient knowledge of Slovene (or English) language in order to communicate with lecturers and other students to be able to follow the lecture and to understand the study materials.

Goals

• To gain basic knowledge on conflict resolution and psychological background of ADR;
• To gain knowledge of the possibilities of using ARS procedures and arbitration in everyday life, as well as in the economic sector and in employment relations as well as in the public sector.

Competencies

• To acquire basic knowledge and techniques that enable mediation procedures;
• Obtain specific knowledge and techniques that enable better recognition and conflict prevention, management and resolution techniques;
• Obtain basic negotiation skills;
• Obtain specific knowledge of the fundamental rules of quality, targeted communication;
• To gain useful knowledge and skills, techniques and methods that will have an extremely positive impact on the quality of communication and thus on raising the quality of personal and professional life.

 Learning outcomes

• Knowing the advantages of the system and the various forms of ADR and their use of outright cases;
• Familiarization with the mediation and arbitration procedure;
• To gain knowledge about ARS regulation in Slovenia and elsewhere in the world.

Syllabus

• The concept of conflict;
• History of Alternative Dispute Resolution (ADR);
• ADR and procedures;
• Harvard Negotiation Project
• ARS in Slovenia and comparative legal review in Europe and the USA;
• The concept of mediation, the fundamental principles of mediation and the process of mediation;
• The concept of arbitration, the arbitration procedure and the arbitration agreement;
•  Legal resources in the field of ADR, mediation and arbitration;
• Possibility of using mediation and arbitration procedures in the system of the economic sector.
• Online dispute resolution

Teaching and learning activities

• Lectures
• Exercises (solving hypothetical problems)
• Other work (consultations on the preparation of tutorial products)

Evaluation systems and criteria

• Knowledge testing consists of: homework (25% share in a joint assessment), assessment of participation in the course in lectures and exercises (25% share) and written examination (50% share).
• Regardless of the calculation taking into account the individual shares; the overall positive assessment must first be a positive evaluation of the final examination.
• Written examination will be conducted after the end of the semester. In order to enter the exam, the student must prepare / submit homework.

Teaching and learning material

• Betetto, Ristin, Hajtnik, Mediacija v teoriji in praksi, Društvo mediatorjev Slovenije, Ljubljana, 2011.
• Fisher, Roger, Ury William, Getting to Yes: Negotiating Agreement Without Giving In, Penguin Books, 1991
• Penko Natlačen Metka in drugi avtorji, Alternativno reševanje delavnopravnih sporov s podporo socialnega dialoga, študija, GZS, 2010.
• Temeljna zakonodaja področja:
  • Zakon o arbitraži,
  • Zakon o mediaciji v civilnih in gospodarskih zadevah,
  • Zakon o alternativnem reševanju sodnih sporov.

 Office hours

• Before and after the lectures
• By agreement