Negotiation, Mediation, and Sustainable Conflict Resolution
A.Y. 2026/2027
Learning objectives
The aim of this course is to make students familiar with human conflict behavior and to develop and practice negotiation and mediation skills, that is, conflict management capabilities
Expected learning outcomes
· Acquiring knowledge of negotiation psychology and alternative dispute resolution;
· Developing the skills to apply the acquired knowledge to legal negotiations and mediations;
· Making autonomous judgments on bargaining positions and proposed settlements;
· Acquiring oral and written communication skills, and in particular the ability to advocate one's interests and conduct and interest-based negotiation;
· Developing the capability to learn and understand the dispute resolution framework.
· Developing the skills to apply the acquired knowledge to legal negotiations and mediations;
· Making autonomous judgments on bargaining positions and proposed settlements;
· Acquiring oral and written communication skills, and in particular the ability to advocate one's interests and conduct and interest-based negotiation;
· Developing the capability to learn and understand the dispute resolution framework.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
This course examines the theories and practice of negotiation and dispute resolution, providing students with the opportunity to apply key concepts while developing practical skills in conflict management. Particular emphasis is placed on mediation and other non-adjudicative methods of dispute resolution, including the foundations of the Alternative Dispute Resolution (ADR) movement and the distinct phases of the mediation process through interactive simulations.
Although the course focuses on dispute resolution in legal settings, it adopts a multidisciplinary perspective, drawing on insights from sociology, social psychology, anthropology, behavioral economics, game theory, and the behavioral sciences.
The first part of the course provides an overview of the principal theories of dispute resolution from both the social and biological sciences. It explores the evolution of cooperative behavior and introduces major theories of decision-making, applying them to negotiation and dispute resolution. Particular attention is devoted to the heuristics-and-biases approach, which offers both descriptive and normative perspectives on human decision-making. Within this framework, decisions are understood as being systematically influenced by cognitive and emotional processes that extend beyond explicit motivations, which are often regarded as the primary drivers of conflict.
The course also offers a comparative analysis of the legal regulation of dispute resolution and alternative procedures, examining both the North American tradition and recent European developments, culminating in Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters.
In the second part of the course, students will have the opportunity to apply the concepts and techniques studied by participating in simulations and experiential exercises designed to develop their negotiation, mediation, and conflict management skills.
Although the course focuses on dispute resolution in legal settings, it adopts a multidisciplinary perspective, drawing on insights from sociology, social psychology, anthropology, behavioral economics, game theory, and the behavioral sciences.
The first part of the course provides an overview of the principal theories of dispute resolution from both the social and biological sciences. It explores the evolution of cooperative behavior and introduces major theories of decision-making, applying them to negotiation and dispute resolution. Particular attention is devoted to the heuristics-and-biases approach, which offers both descriptive and normative perspectives on human decision-making. Within this framework, decisions are understood as being systematically influenced by cognitive and emotional processes that extend beyond explicit motivations, which are often regarded as the primary drivers of conflict.
The course also offers a comparative analysis of the legal regulation of dispute resolution and alternative procedures, examining both the North American tradition and recent European developments, culminating in Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters.
In the second part of the course, students will have the opportunity to apply the concepts and techniques studied by participating in simulations and experiential exercises designed to develop their negotiation, mediation, and conflict management skills.
Prerequisites for admission
There are no specific prerequisites beyond those required for admission to the degree program.
Teaching methods
Negotiation and mediation skills will be developed through a highly participatory approach, using a variety of teaching methods, including class discussions, videos, and simulations. Students will be guided in analyzing and understanding positions and interests, BATNAs (Best Alternatives to a Negotiated Agreement), strategic and psychological barriers to settlement, values, emotions, power imbalances, and the cultural differences that influence disputes.
Teaching Resources
TEXTBOOKS
- Roger Fisher, William Ury, and Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In, Penguin Books, 1981.
- Selected chapters from: Luigi Cominelli and Claudio Lucchiari, Mind and Law, Springer, 2026.
- Roger Fisher, William Ury, and Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In, Penguin Books, 1981.
- Selected chapters from: Luigi Cominelli and Claudio Lucchiari, Mind and Law, Springer, 2026.
Assessment methods and Criteria
The final grade is based on participation in class debates (20%), performance in negotiation and mediation simulations (40%), and an oral examination covering the assigned study materials (40%).
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professors:
Cominelli Luigi, Lucchiari Claudio
Shifts:
Professor(s)
Reception:
Office hours: Monday 10,30 am-12,30 pm (online on MS Teams, Team code 7kv5eto)
Room 2011 - Sect. Philosophy and Sociology of Law - Dept. of Law "Cesare Beccaria" - Via Festa del Perdono 3
Reception:
In-person reception suspended from December 23, 2025, to January 13, 2026. For information and reservations, contact the professor via email or Teams.
Via Festa del Perdono, 7, Department of Philosophy, second floor/attic or viaTeams