hybrid processes

How To Kick-Start Civil Mediation: The Italian Experience

The year of 2016 scored the highest number (20,237) of civil mediation agreements ever reached in Italy. But with a rate of success of 11%, much lower than in 2011 (16%). What could be the possible reasons for this?

Mediation belongs to the Italian juridical tradition. After the Italian state was founded in 1861, the heading of the introductory seven articles of the first Civil Procedure Code (1865) was “conciliation”. In 1880 the Justices of Peace issued the 70% of all sentences delivered in Italy. However the totalitarian regime, instated during the Fascist period (1922 – 1943), disapproved of conflict resolution reached by private citizens and insisted these issues must be settled by judges. Although the 1941 Civil Procedure Code provided the possibility of conciliation managed by the judge in the pre-trial hearings, this was purely a formality. As a consequence, mediation was forgotten. Read more

Posted by Giovanni Matteucci in Access To Justice, ADR, Mediation

Ask An Expert: Juan Antonio Ruiz

Juan Antonio Ruiz

Juan Antonio Ruiz, Partner at Cuatrecasas in Barcelona, Spain, discusses a number of significant disputes trends, including hybrid clauses, online dispute resolution and the growth of mediation. Continue reading →

Posted by Natasha Mellersh in Ask An Expert

Ambitious Goals And Global Plans: Analysing The GPC Series Data

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The cumulated data of the first seven events (in Singapore, Mexico City, Lagos, New York, Geneva, Toronto and Madrid) of the Global Pound Conference Series that took place in 2016, shows that the preferences and priorities of parties involved in commercial and civil disputes differ from what providers perceive and offer. In other words, there are gaps between the “demand” and “supply” sides in the dispute resolution market.

My paper gives a preliminary view of the aggregate data and how the demand and the supply sides may be aligned. It also discusses how to improve the effectiveness and efficiency of dispute resolution processes, and concludes with a look at whether organizing the GPC Series is worth the effort.

The data analysed highlights the gaps between what parties want and what providers prioritize. For example parties emphasis on financial outcomes in commercial dispute resolution processes, parties preference that advisors should collaborate with them whereas advisors believe they should speak or advocate for the parties, parties needs for efficiency for determining commercial dispute resolution processes whereas advisors believe that their own advice is more important factor than efficiency.

More importantly, it also emphasises alignment across stakeholders on how these gaps can be addressed to evolve the dispute resolution marketplace. The data indicates need for guided choice based on type of dispute, inclusion of pre-dispute or pre-escalation processes, introduction of mixed modes/tailored processes, continued education in business and law schools on dispute resolution.

While it is likely that these themes and trends may change as the GPC Series progresses, it is also possible that the first seven events are an accurate predictor of what will come next.

Written by Mansi Karol.

To access the full paper entitled “Ambitious Goals and Global Plans: The Global Pound Conference Series” please click here.

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Mansi Karol is an Indian qualified attorney, she is currently pursuing an LLM in Dispute Resolution and Advocacy in Benjamin N. Cardozo School of Law in New York and will be graduating in May 2017. Her experience ranges in international law, commercial law and alternative dispute resolution. She has also done an LLM from Queen Mary University of London.

Posted by Mansi Karol in ADR, Data Analysis

Ask An Expert: Joe Liu

joe-liuJoe Liu, Managing Counsel at the Hong Kong International Arbitration Centre, speaks about transparency, education and trends in Asia’s dispute resolution market. Read more

Posted by Natasha Mellersh in ADR, Arbitration, Ask An Expert

Chart Of Dispute Resolution Stages And Steps

 

Today, because of the flexibility, adaptability and versatility of ADR, Users of dispute resolution processes have available to them a wide variety of techniques that can be used to prevent, control and resolve disputes. New techniques are constantly being developed to deal with the wide variety of potential disputes that can occur in any kind of relationship, and at any stage in the development or escalation of a problem or dispute.

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Posted by James P. Groton in Introductory Guide