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Fairness In Consumer Law: A Vague, Flexible Notion, Anna Giordano Ciancio
Fairness In Consumer Law: A Vague, Flexible Notion, Anna Giordano Ciancio
Anna Giordano Ciancio Dr.
Fairness in Consumer Law: a vague, flexible notion This paper focuses on the notion of ‘fairness’ in consumer law with regard to the issue of unfair terms in consumer standard form contracts. This issue is addressed through a comparative analysis concerning the meaning of fairness as well as (un-)fairness related concepts. In particular, emphasis is placed on the intertextual, semantic links existing between ‘ fairness ‘ and ‘reasonableness’ as notions that prevail in the English legal system. As a reference normative text, the Unfair Contract Terms Act 1977 (UCTA) is examined and compared to the Unfair Terms in Consumer Contracts …
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 …