Mediation, as a typical ADR (Alternative Disputes Resolution) technique, has been recently considered by the law of international organizations - acting at universal as well as at regional level - and States, especially with regard to disputes involving foreign elements. However, the results achieved – starting from the definition of the fundamental characteristics of mediation - are unsatisfactory as they don’t fit the real needs in that field, as shown by the numerous cases filed before national and European courts, challenging the adopted regulations. In particular, the European Union – in spite of the high degree of juridical integration among its Member States - hasn’t obtained the goal of uniformity necessary for the effective functioning of mediation. That’s the reason why the European Union should assume, in this delicate field of private international law, the authoritative and irreplaceable role that it has been able to develop in other sectors falling within its area of activity.
L'applicazione della disciplina della mediazione alla risoluzione delle controversie connotate da estraneità
MURA, Loredana
2012-01-01
Abstract
Mediation, as a typical ADR (Alternative Disputes Resolution) technique, has been recently considered by the law of international organizations - acting at universal as well as at regional level - and States, especially with regard to disputes involving foreign elements. However, the results achieved – starting from the definition of the fundamental characteristics of mediation - are unsatisfactory as they don’t fit the real needs in that field, as shown by the numerous cases filed before national and European courts, challenging the adopted regulations. In particular, the European Union – in spite of the high degree of juridical integration among its Member States - hasn’t obtained the goal of uniformity necessary for the effective functioning of mediation. That’s the reason why the European Union should assume, in this delicate field of private international law, the authoritative and irreplaceable role that it has been able to develop in other sectors falling within its area of activity.File | Dimensione | Formato | |
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