Writing / Blog

Opt-out mediation model cuts real estate litigation in Italy by almost 50%

Giuseppe de Palo

Ombudsman at United Nations Funds and Programmes

 (Data source: Italian Ministry of Justice)

The many goals of a mediation statute

Supporters argue that among several other societal and individual benefits, mediation can curb the number of cases flooding civil courts, which are often overcrowded and overworked. One of the goals of most mediation statutes is in fact to reduce the amount of court litigation (by way of example, article 1 of the 2008 EU Mediation Directive ...

All mediation roads lead to Rome

There aren’t many models of effective mediation legal frameworks that ensure sustainable systems of mediation. In fact, in most countries, the mediators don’t have demand and a real market for services. They are trying to convince users, lawyers, judges, policy makers, others and sometimes themselves that mediation is a viable option of the dispute resolution culture. There are a few recent examples where mediators are busy these days – Italy, Greece and Turkey – they all have domestic mediation frameworks ...

What amicably means in a dispute resolution clause?

A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by their representatives.; (2) If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.”.

The language of the contracts is open for interpretation when it comes about implementing the model dispute resolution clause above. While the meaning of the word “amicably” ...

Reasons to mediate

This post was inspired by conversations with a group of people that I’ve joined last weekend for an amazing field trip in Southern Carpathians.

In addition to breath-taking landscapes, mountains are teaching us many lessons, including listening, patience, hope and diversity of paths and destinations. Therefore, mountain walks are not only excellent opportunities for exercises and workout, but also great platforms for discussions about everything and nothing.

It was not a large group of people and I didn’t know most ...

The Ethical Filter in Mediation

This post was prepared in cooperation with Bogdan Matei.

Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears. It is well known that when a conflict of interests appears, in respect to the ethical rules of mediation, the mediator has to withdraw from the mediation process.

But what do we do if we’re not sure about it?

The ethical filter ...


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