Writing / Blog

The Italian Opt-Out Model: A Soft Mandatory Mediation Approach in Light of the Recent CJUE Decision

This post was posted on the Kluwer Mediation Blog and was drafted by Leonardo D’Urso, Julia Radanova, and Constantin Adi Gavrila.

Introduction

In the variegated landscape of European legal systems, mediation has often been overshadowed by traditional litigation. Yet, the winds of change are blowing, particularly with the emergence of soft mandatory mediation models. Among these, Italy’s opt-out model stands as a beacon of innovation, especially in light of a recent …

Is there a connection between leadership types and conflict management styles?

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă and published on Kluwer Mediation Blog.

Peter Drucker once famously said, “the only definition of a leader is someone who has followers“. While we do agree that Peter Drucker is a magnificent thinker and writer, his definition sounds a bit too simplistic. The followers are an important “ingredient” to leadership, but what if the followers do not follow the leader? Is then the leader …

Reflections in the Age of Coronavirus (COVID-19)

I hope you are fine. Obviously, I write this blog at home, where I am with my family. We are all healthy, but we try to adapt to this situation, to stay isolated to protect ourselves and those around us.

As if the Earth stopped spinning, everyone stopped doing everything and most of all, it is important to limit and stop the spread of the virus, to provide medical care for those in need and to research and test a …

The roles of the mediator

In spite of efforts over the last 20 years to promote mediation and the roles of the mediator at EU level, mediation is very, very little used. This result is observed even after implementation of large-scale promotion projects and education programs regarding the benefits of mediation for the health of relationships between people, groups, companies, states, and international organizations or for efficient conflict prevention, management and resolution.

Anyone can say, "And so what? And the benefits of healthy eating …

Mediation without mediator

The good news is that the Romanian Government has taken a step towards availability for dialogue, communication and negotiation by regulating a mediation procedure between tax authorities and taxpayers. The not so good news is that there is no role provided for a mediator in this procedure called mediation, that in fact is negotiation. Once again, for the authorities in 2019, there is no difference between negotiation and mediation, thus regulating a novel mediation model, "mediation without a mediator".

”The …

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