Education

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
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 GPC
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.

Read more

Posted by GPC Series in Ask An Expert, GPC
Ask An Expert: Juan Antonio Ruiz

Ask An Expert: 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, GPC
An Education In Negotiation

An Education In Negotiation

Business schools (though, sadly, few law schools) teach negotiation skills and techniques, but more often as an elective than as a core subject. Most people emerge from business schools and law schools as instinctive positional bargainers expressing themselves in the form of wants and demands rather than needs and interests. They tend to be touchy about negotiation. Tunnel vision and a gladiatorial approach can block their ability to explore wider prospects and better opportunities. Read more

Posted by GPC Series in GPC, News
Ask An Expert: Julian Copeman

Ask An Expert: Julian Copeman

Julian Copeman, Managing Partner of Herbert Smith Freehills’ Greater China offices, discusses dispute resolutions trends, data and the increasing role of technology in resolving disputes.

What do you hope the GPC will achieve?

The intention for Hong Kong GPC was to bring together stakeholders from across the disputes market to discuss the issues that face parties at the front line of disputes in Hong Kong, and indeed over 200 people attended on the day. We gained rich and valuable data and from that, we are hoping, will reach some real and tangible recommendations for change.  Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
Ask An Expert: Joe Liu

Ask An Expert: Joe Liu

Joe 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 Ask An Expert, GPC