Course Unit Page


This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Good health and well-being Quality education Reduced inequalities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

The course aims to provide students with the main tools to understand negotiation techniques and also mediation advocacy; to identify the main obstacles encountered during the negotiation and mediation and learn about strategies to overcome them as well as acquiring the technical and conceptual tools relating to forensics negotiation and mediation.

Course contents

obstaclesThe course will take place according to the following program:
First part (practice): Professional Negotiation and its techniques in the extra-judicial settlement of disputes
The practical part of the workshop is experiential, so participants will be actively involved in the various activities (tutorials, simulations, structured debates), with the aim of:
- Develop more effective negotiation techniques during transactions
- Choose the best approach to negotiation during the assisted negotiation and mediation
- Manage and more effectively compose negotiations with customers and defenders
- Identify the attitudes of the parties to the conflict during negotiations
-use verbal and non-verbal communication techniques to effectively negotiate.
The vision of the conflict and its composition
"distributive" and "integrative" negotiation.
Parties' styles and interactions.
rational approach of the negotiations: stages and objectives:
The preparation.
The opening of the negotiations.
Techniques for the opening of negotiations with the other party.
The approach with the customer.
The collection of information.
The sharing mode.
The dynamics of the negotiation: a chess game. The "kairos" of negotiation.
The last game: the closure. Achieving a sustainable agreement. When it is opportune to break off negotiations.
Negotiate with third party intervention: the lawyer's role (mediation advocacy).
The most frequent mistakes in negotiation. How to overcome the emotional, perceptual and cognitive obstacles.
checklist for negotiators and role playing.
Second part. The legal sources of alternative dispute resolution in the European and national framework
International sources of law, community, national and regulations on mediation, conciliation and ADR;
The different types of mediation: voluntary, compulsory by law; required by the contract, "delegated";
The evolution of mediation / conciliation in Italy, from d.l.5 / 2003 on corporate matters to d. lgs.28 / 2010, in implementation of the EU Directive 52;
Ruling of the Constitutional Court n.272 / 2013 to "Decree of doing" - Measures in the field of justice 21.06.2013 Decree-Law No. 69 passed into law 09/08/2013 n ° 98, Official Gazette 20/08/2013;
The Decree-Law, September 12, 2014, # 132 of 10.11.2014 G.U.n.261, suppl. Ordinary 84.
Leg. n. 130 of 2015, implementing the EU Directive 2013/11 / EU, on consumer ADR.
-conciliation: drafting techniques.

Lessons will be given by avv. Ana Uzqueda and prof. Chiara Giovannucci Orlandi, in addition to prof. Elena Zucconi 


The bibliography and materials will be available on the virtual course in e-learning.

Teaching methods

The setting is practical, through the analysis of case law and simulation cases based on real disputes in civil and commercial matters. There will be active participation of students.
Full participation is required, at least 4/5 of the meetings.

Assessment methods

There will be a final exam based on the simulation of a process of negotiation or mediation (mediation match), aimed at assessing the acquisition of skills required.

The evaluation will consist of a "suitable / unsuitable" judgment.

Teaching tools

A "virtual course" in e-learning mode is provided, in support of classroom teaching.

Office hours

See the website of Elena Zucconi Galli Fonseca