Conciliation

CDRC Vienna – A Year On

CDRC Vienna – A Year On

One year has already passed since my journey at the IBA-VIAC Consensual Dispute Resolution Competition (CDRC), held in Vienna. It was a year of exciting opportunities, hard choices and fulfillments, some of which – heavily influenced and marked by my CDRC experience.

Twelve months after this occasion ou jamais, in my hometown of Pleven, Bulgaria and with the merriest of memories, I am assembling different pieces from former articles in a single composition of suggestions and tips for all those lucky devils out there who have yet to experience the magic of CDRC. Enjoy!

Read more

Posted by GPC Series in GPC
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 GPC
Lok Adalat: India’s Alternative Dispute Resolution Mechanism

Lok Adalat: India’s Alternative Dispute Resolution Mechanism

Scholars and academics throughout the world have noted a spike in the popularity of alternative dispute resolution. Commercial contracts, sports, family disputes and even intellectual property rights disputes are now being resolved through arbitration, conciliation, mediation and/or negotiation.

India has followed the path of global leaders in the field and has tried to make the country a seat of international arbitration. Though we have legalised the rules and regulations regarding alternative dispute resolution by introducing the Arbitration and Conciliation Act, 1996, the concept of alternative dispute resolution has prevailed throughout India for a long time. Read more

Posted by GPC Series in GPC, News
Is The Enforceability Of Mediated Settlements Holding Back Commercial Dispute Resolution?

Is The Enforceability Of Mediated Settlements Holding Back Commercial Dispute Resolution?

The early voting data from the first 10 Global Pound Conference (GPC) Series events has revealed that both the user and advisor stakeholder groups share a view that the future of commercial dispute resolution would be assisted if there was legislation in place to improve the enforcement of mediated settlements. Users are parties to disputes: the clients, and advisors are typically private practice lawyers. Read more

Posted by GPC Series in GPC, News
The GPC Enters Its Final Stages

The GPC Enters Its Final Stages

The Global Pound Conference is now kicking into high gear, with events scheduled in 16 cities between now and the conclusion on 6 July 2017 in London.

At a time when advances in technology and science are calling into question and pushing the boundaries of all forms of human endeavor, the world’s domestic and international adjudicative systems have remained, for the most part, rooted in practices developed centuries ago. Continue reading →

Posted by GPC Series in GPC, News
The Geneva GPC – Does The Future Lie In Mediation?

The Geneva GPC – Does The Future Lie In Mediation?

On 29 September 2016, various stakeholders from the judicial and alternative dispute resolution (ADR) community – arbitrators, mediators and judges, in-house counsel, external lawyers, policy-makers as well as representatives of arbitral institutions – gathered in sunny Geneva for a lively exchange on “the future of dispute resolution” at the city’s GPC event. Read more

Posted by GPC Series in GPC, News
Answering The Call For A New York Convention On Conciliation

Answering The Call For A New York Convention On Conciliation

Alternative methods of dispute resolution are a topic on the legislative agendas of a large number of countries as states actively work to promote their use. A reoccurring issue related to the spread of alternative dispute resolution (ADR) mechanisms is enforceability, of both the mediation/conciliation clause and the settlement arising thereof.

In light of the above efforts, the 47th Session of United Nations Commission on International Trade Law (UNCITRAL) called upon its Working Group (WG) II to create an instrument on the enforcement of international commercial settlement agreements resulting from conciliation/mediation. Read more

Posted by GPC Series in GPC, News
Chart Of Dispute Resolution Stages And Steps

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.

Read more

Posted by GPC Series in GPC, Introductory Guide
Choosing the Right Tools

Choosing the Right Tools

A short guide to the different forms of dispute resolution.

International dispute resolution (and dispute prevention) tools provide an alternative or a supplement to litigation within national legal systems which are sometimes perceived as biased in favour of the “local” party. Because of its international focus, adaptability, alternative dispute resolution (ADR) provides the flexibility and intercultural sensitivity that is needed to bring together parties from diverse cultures who may have differing expectations about laws and legal practice. In contrast to litigation, ADR also provides confidentiality, which can be important in business settings. ADR clauses are often included in cross-border transactions.

Read more

Posted by GPC Series in GPC, Introductory Guide