Title: Thoughts on the Future of ADR in Europe: A Critical Approach
Abstract: WHAT IS the future of Alternative Dispute Resolution (ADR) in Europe? This question is somewhat of a paradox, because although alternative dispute resolution may have a future, ADR solutions already have a past history in Europe. Mediation, conciliation, negotiation and amicable settlements have been in use for a long time now in the commercial sector. Moreover, mediation or conciliation clauses are often combined with arbitral or jurisdiction clauses. Seen this way, many European companies and professionals in the legal sector have the feeling that the development of alternative dispute resolution solutions in the United States does not really constitute a breakthrough in the field. What is new, however, is the extent of this trend, which constitutes a reaction against the specific difficulties involved in the way the federal court system operates in the USA. However, even if alternative solutions are not new to Europe, European countries, both those of ‘continental’ and ‘common law’ tradition, could certainly benefit from the US experience in organizing alternative dispute resolution solutions. These organizational features include training programmes for mediators and conciliators, rules for alternative solutions adapted to particular industrial or financial sectors, the creation of major ADR institutions, such as the Center for Public Resources (CPR), which is set up along the lines of a business club, where heads of industries, judges and legal counsel can engage in healthy and prosperous dialogue.
Publication Year: 1999
Publication Date: 1999-12-01
Language: en
Type: article
Indexed In: ['crossref']
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Cited By Count: 1
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