Abstract
This paper examines Mediation as an Alternative Dispute Resolution process [ADR] in light of its “multi-level” legal scheme, namely the Directive 2008/52/EC, the Act 5/2012 and the autonomic laws. These Acts provide a concept of mediation and identify its main principles (i. e. voluntariness, confidentiality, impartiality and neutrality). There is, however, an interesting paradox: despite the well-known advantages of mediation (it entails an economical procedure and affords adequate satisfaction to the parties), it remains underused in the European jurisdictions. This paper calls, therefore, for measures to encourage its use, such as an adequate training for lawyers as to the appropriate manner in which to provide advice during the procedure.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Revista Icade. Revista de las Facultades de Derecho y Ciencias Económicas y Empresariales
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
