Access To Justice

How To Kick-Start Civil Mediation: The Italian Experience

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
Notes From The Paris GPC

Notes From The Paris GPC

The Paris GPC drew a huge crowd, with approximately 300 attendees, and was jam packed with discussions from 8am until 8pm. Taking place during Paris Arbitration Week, with numerous events held across the French capital, there was a strong emphasis on arbitration alongside other ADR mechanisms. Read more

Posted by GPC Series in Access To Justice, LOC Coverage, Negotiation
In Conversation With Michael McIlwrath

In Conversation With Michael McIlwrath

Michael McIlwrath, Global Chief Litigation Counsel for GE Oil & Gas, speaks to the Singapore International Dispute Resolution Academy about global trends, key challenges, and the future of dispute resolution.

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Posted by GPC Series in Access To Justice, ADR, Ask An Expert, Negotiation
Chief Justice Sundaresh Menon On Mediation And The Rule Of Law

Chief Justice Sundaresh Menon On Mediation And The Rule Of Law

An analysis of why mediation should be considered as part of the rule of law was given by the Honourable Chief Justice Sundaresh Menon, Supreme Court of Singapore, to the The Law Society Mediation Forum in Singapore on 10 March 2017.

The following is a series of excerpts from a speech recently given by the Honourable Chief Justice of Singapore. It is particularly important in that it not only suggests that ADR (including mediation) should be included in the range of procedural options available to the judiciary, but it goes one step further in concluding that the inclusion of mediation in the range of procedural options given to the parties promotes the rule of law. Read more

Posted by GPC Series in Access To Justice
Asia, Arbitration And Third Party Funding

Asia, Arbitration And Third Party Funding

Historically, third party funding has been prohibited in many Asian jurisdictions, including the busy litigation markets of Hong Kong and Singapore. However, recent changes to regulations on third party funding in both jurisdictions are likely to be a further boost to the region, which has already become popular destination for arbitration – overtaking many traditional competitors. Read more

Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration
Ask An Expert: Babatunde Ajibade

Ask An Expert: Babatunde Ajibade

Lagos-based disputes lawyer, Babatunde Ajibade SAN, partner at SPA Ajibade, discusses the increasing complexity of commercial disputes and the importance of effective communication in the field of dispute resolution. 

What is your current role in dispute resolution?

My current role in dispute resolution is more often than not as counsel, either in litigation or in arbitration. I have sat as a sole arbitrator once and I’m looking to develop that aspect of my practice further, but for now my predominant experience is as counsel. So, I would describe myself as an advisor.

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Posted by Natasha Mellersh in Access To Justice, ADR, Ask An Expert