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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 …