Legal Framework and Harmonization of ADR/ODR Methods

Quantitative and qualitative benefits are emerging from ADR/ODR methods but the lack of legal and technical interoperability, the uncertainty about the value of the outcomes obtained through these methods, and the proliferation of many heterogeneous and fragmented practices, regulations and rules, especially in cross border disputes, do not contribute to creating an atmosphere of trust. …

Sigue leyendo Legal Framework and Harmonization of ADR/ODR Methods

Mediation, Legal framework and Comparative Law

After an initial overview of socioeconomic data in the United States, Australia, New Zealand, Latin America, Asia and Europe, and after an analysis of the current regulatory provisions pertaining to the process of mediation, this study proceeds to identify a number of principles and standards that have contributed to the progressive definition of the concept …

Sigue leyendo Mediation, Legal framework and Comparative Law

The Culture of Dialogue and Relational Justice as a ‘Third Path’

The administration of justice in Western countries is showing clear signs of severe exhaustion. The underlying causes for such a diagnosis are multiple and heterogeneous.1 This paper sets out to propose a descriptive approach to the various methods of administration of justice known to societies and to the possible causes of the collapse of the judicial system in …

Sigue leyendo The Culture of Dialogue and Relational Justice as a ‘Third Path’