Il Ragionamento giuridico nei sistemi di risoluzione delle controversie: logica del giudizio e logica della mediazione

The system of administration of justice has been going through a serious crisis for a long time, and this is due not only to the slowness and high costs of the trials, but mostly to its inadequacy to deal with the new demands of the society in the matter of conflicts. The main idea of this research is to illustrate the potentiality and the necessary presence, in terms of dispute resolution, of competitive systems,i.e. judgment, on one side, and cooperative ones,i.e. mediation, on the other side. This aim has been pursued through an analysis of the argumentations upon which the legal reasoning in judgment and in mediation is based.The research developed along two parallel but separate branches, because this two types of reasoning differ in many ways. The judicial reasoning is a result and it has been designed according to the principles of the classical and the argumentative logic; the mediating reasoning is a process that has been studied in the light of the new conception of reasoning propter of the dialogical logic.However, they have an identical goal in common: argument to decide. We need to understand which logical system is the most suitable for reconstructing legal arguments in judgment and in mediation in order to make decisions - heteronomous and autonomous - that are rational and satisfying for the parties.