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Setting the Stage for Dispute Resolution Innovations

Tuesday, 24th February 2016

"One of the most interesting developments in business dispute resolution over the last decade is the way in which different methods of resolution are being harmonized. The EU Directive on Mediation is one example of this phenomenon, as well as several comprehensive early case assessment and conflict management programs rolled out by multinationals across their geographic reaches. 

In reviewing these developments, one cannot help but be struck by evolving trends. First “alternative dispute resolution” or ADR is no longer “alternative” but is rather the norm in many countries, as several studies and surveys show that mediation is a favored dispute resolution mechanism to be applied primarily to any other. Among the main motivations for that are the often-expressed need of corporations to maintain their business relationships with counterparties as well as to deliver savings to their bottom line results and last, but not least, governments and court systems constraints for diminishing budgets and increasing caseloads. All of these factors militate in favor of the changes being observed globally.

Among others, one of such changes is the increasing tendency of court systems to mandate mediation. Programs in this vein have been launched in countries such as Argentina, Italy, England and, more recently, in Brazil."

Select the link to read this article in full. 

Source: FindResolution
Language: English
Contact: Andrea Maia

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