hybrid processes

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
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
Ambitious Goals And Global Plans: Analysing The GPC Series Data

Ambitious Goals And Global Plans: Analysing The GPC Series Data

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.

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Posted by GPC Series in GPC, News
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
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.

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Posted by GPC Series in GPC, Introductory Guide