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 in questo prodotto:
File Dimensione Formato  
Estratto DCSI 4-2012 - Mura.pdf

solo utenti autorizzati

Descrizione: Testo completo
Tipologia: Full Text
Licenza: NON PUBBLICO - Accesso privato/ristretto
Dimensione 332.8 kB
Formato Adobe PDF
332.8 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11379/166011
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact