The International Challenge

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Originally published in InsideCounsel on July 12, 2012

The need for more streamlined court procedures and more flexible and cost effective dispute resolution is a global concern. As ADR providers have begun expanding worldwide, a global shift towards ADR has gained momentum. Change at this pace generates interesting challenges and worthwhile debate as new entrants bring fresh ideas and new methodologies to the market.

Europe is an interesting case in point. Most of the 27 EU Member States implemented the European Union Directive legislation in 2011, which provided a harmonised approach to matters like confidentiality and the recognition and enforcement of mediation agreements. Nevertheless, different states, for different reasons, chose to implement the Directive differently. Italy took the most radical approach, with the result that mediation is now a mandatory precursor to the use of the courts for a wide range of civil disputes.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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