Course Description
This course delves into civil procedure and various non-litigation dispute resolution methods, conducted in Portuguese. It emphasizes extrajudicial processes such as arbitration, collaborative law, and mediation utilized to resolve conflicts among individuals, business entities, governmental agencies, and states within the context of public international law. The civil procedure aspect explores the procedural rules governing disputes within the legal system, while the non-litigation methods focus on resolving conflicts outside of formal court proceedings. Students will examine the intricacies of civil procedure alongside the benefits and processes of non-litigation dispute resolution. Emphasis is placed on the importance of party agreement in opting for non-litigation methods, either before or after a dispute arises. The course highlights the increasing acceptance and utilization of non-litigation dispute resolution due to its perceived advantages, including greater flexibility, cost-effectiveness compared to traditional litigation, and the expeditious resolution of disputes.
Intended Learning Outcomes
CILO-1: Students will be able to critically analyze the social relevance and historical context of Civil Procedure and Non-Litigation Dispute Resolution models in Macao and other contexts.
CILO-2: Students will be able to explain the interplay between culture and mediation, which is of paramount importance in Asian jurisdictions, within the framework of civil procedure, and to analyze a conflict situation to select the appropriate dispute resolution strategy.
CILO-3: Students will be able to apply problem-solving techniques specific to civil procedure, including: identification of core issues from a set of facts; thinking laterally and innovatively to find effective solutions to those issues.
CILO-4: Students will be able to describe the different roles played by the neutral and the parties in the various Alternative Dispute Resolution processes within the context of civil procedure, emphasizing their interaction with judicial proceedings.