Mediation

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
A Week In Paris

A Week In Paris

Each conference in the GPC Series is unique. The GPC Paris, to be held on 26 April, is a major francophone event with a distinct local and international flavour and, as the title Le Règlement des différends à l’horizon 2050 suggests, is provocatively forward-looking. Continue reading →

Posted by GPC Series
Advocating Alternative Political Resolution

Advocating Alternative Political Resolution

I proposed the idea of alternative political resolution (APR) in a 2015 blog post about potential future developments in mediation. Now I’d like to explore the idea in more detail in light of the Global Pound Conference Series and related discussions about shaping the future of dispute resolution. I imagine APR as a process by which politicians with different views engage with each other, confidentially, with the help of an impartial third party, and work out policy or legislation solutions that satisfy all sides of the political debate. Read more

Posted by GPC Series in Mediation, Negotiation

MediatorTV: Episode 7

 

In their latest video episode, Professor Nadja Alexander and Aled Davies report from Edinburgh at Mediate 2016 – the Scottish Mediation Network‘s annual conference. Where they learn about a different kind of community mediation in a global village with the World Bank Group urging India and Pakistan to mediate over a water dispute. Continue reading →

Posted by GPC Series in Mediation, MediatorTV, Negotiation

MediatorTV: Episode 4

 

This week’s episode of  the Mediator Academy‘s weekly video ‘This Week In Mediation’, presented by Professor Nadja Alexander and Aled Davies, features the German National Mediation Association, the Bundesverband Mediation – with highlights from their annual congress in Dresden and a look at new and emerging mediation models.

The conference also focused on the role of mediation in relation to very political themes such as migration and integration.One interesting initiative that is proving to be very successful involves enrolling members of the migrant community on a one and  half year mediation training programme. The episode examines why this is such a successful initiative and how they increase engagement in the mediation process.

For the final piece of mediation news the hosts travel across the pond to analyse a decision from the Appeal Court of Massachusetts which held that mediation remains confidential even if the parties have been up to all sorts of shenanigans!  All this and more coming up in the show.

Posted by GPC Series in ADR, Beginner's Guide, Mediation, MediatorTV, News Analysis
Counting Mediators: Key Trends In International Mediation

Counting Mediators: Key Trends In International Mediation

The International Mediation Institute (IMI) published the results of their 2016 International Mediation & ADR Survey this week.

The survey focused on collecting census data, as well as views on awareness of mediation and alternative dispute resolution (ADR). Over 800 participants completed the census survey, including users of mediation services, mediators, advisors, educators, students, providers and other stakeholders.

With very little statistical data available in this area, the results, according to IMI have been “particularly insightful and eye opening”. Read more

Posted by Natasha Mellersh in ADR, Mediation