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Conciliation And Mediation As Adr Procedures Distinct From Arbitration: Textual Similarities And Discrepancies In Different Legal Contexts, Anna Giordano Ciancio
Conciliation And Mediation As Adr Procedures Distinct From Arbitration: Textual Similarities And Discrepancies In Different Legal Contexts, Anna Giordano Ciancio
Anna Giordano Ciancio Dr.
This paper aims to demonstrate that the terms 'mediation' and 'conciliation' are used to denote a general conciliatory procedure characterised by a 'nonadversary' but a 'cooperative' approach of the parties to a dispute towards reaching a settlement agreement by the assistance of a third neutral. A similarity between these procedures is based on the 'party control' of the proceeding, i.e. on the willingness of the parties to settle their dispute while the mediator or the conciliator only assist the parties in coming to a final agreement. As regards the role played by the third neutral, a distinction concerns either the …
Interim Remedies, Anna Giordano Ciancio
Interim Remedies, Anna Giordano Ciancio
Anna Giordano Ciancio Dr.
The study is focused on a comparison of terms, concepts and procedural features of two legal institutes, that is the 'interim remedies' governed by the Civil Procedure Rules, i.e. the new unified code of procedural rules being in force in England and Wales since 26 April 1999 and the 'provvedimenti cautelari' in compliance with the new rules established by the Italian Code of Civil Procedure. The comparison is based on the new legal terminology introduced by the Civil Procedure Rules, namely the rules contained in Part 25 of the said Civil Procedure Rules (CPR) and in the Practice Direction (PD) …