Search results for "Alternative dispute resolution"
showing 10 items of 20 documents
Mediación penal: un instrumento para la tutela penal (Criminal Mediation: An Instrument for Criminal Justice)
2012
Spanish Abstract: La mediacion penal constituye una realidad escasamente presente en la justicia espanola. Sin embargo, esta situacion parece ir cambiando con el paso del tiempo abriendose a sectores nunca antes valorados. El presente articulo analiza las ventajas de la mediacion penal y sus dificultades a la hora de incardinarse en el modelo espanol de justicia. English Abstract: Criminal mediation is an institution lacking real use in Spanish criminal justice. However, there is much room for it to play. This article analyzes its advantages and the difficulties that it encounters in order to be fully implemented in the Spanish criminal justice arena.
Criminal Mediation as a Restorative Instrument for Victim: In All Cases and for All Victims?
2012
Insofar as the intention is to provide legal protection, to speak of victims and of certain victims in particular, implies recalling the obscure past that enveloped them with regard to their invisibility in the criminal system as a whole. Society assumed the burden of the criminal response, through the expropriation of the victims’ rights by the State in the interests of that social safeguard. We have for centuries accepted that it was what society required –it was the conquest of civilization, ending “an eye for an eye and a tooth for a tooth” and the lex talionis. That was the best solution, although the outcome of these responses to that situation, owing to frustration, disenchantment an…
Criminal Mediation, an Instrument for Victim Visibility, a Component of Criminal Access to Justice
2018
Insofar as the intention is to provide legal protection, to speak of victims and of certain victims in particular, implies recalling the obscure past that enveloped them with regard to their invisibility in the criminal system as a whole. Society assumed the burden of the criminal response, through the expropriation of the victims’ rights by the State in the interests of that social safeguard. We have for centuries accepted that it was what society required –it was the conquest of civilization, ending “an eye for an eye and a tooth for a tooth” and the lex talionis. That was the best solution, although the outcome of these responses to that situation, owing to frustration, disenchantment an…
Civil and Commercial Mediation and National Courts: Towards a New Concept of Justice for the XXI Century?
2017
Modern societies are very much linked to the idea of litigation. The incessant increase in the level of litigation puts the whole judicial system under pressure because the volume of disputes brought before State courts increases, the proceedings are getting more and more lengthy and the costs incurred by the parties in such proceedings are also greatly increasing. This situation can impair the full implementation of the principle of access to justice for citizens.
General Report: New Developments in Civil and Commercial Mediation – Global Comparative Perspectives
2015
Modern societies are very much linked to the idea of litigation. The incessant increase in the level of litigation puts the whole judicial system under pressure because the volume of disputes brought before State courts increases, the proceedings become more and more lengthy and the costs incurred by the parties in such proceedings also greatly increase. This situation can impair the full implementation of the principle of access to justice for citizens.
Alternative Dispute Resolution Systems Across the European Union, Iceland and Norway
2014
Abstract Alternative dispute resolution schemes (ADR) have been developed differently across the EU. It is difficult to determine which of the countries have developed the most successful schemes. Therefore the aim of this article is to summarize different organizational aspects of ADR schemes across the EU, to determine similarities across different countries and to define them in specific systems. Defining these schemes in systems will not only help to evaluate and compare ADR schemes and their success between different countries but will help also professionals, governments and other stakeholders to develop more effective ADR schemes across the EU, Iceland and Norway.
Il diritto ad una buona amministrazione e gli strumenti alternativi di risoluzione delle controversie
2019
Attraverso il prisma della giurisprudenza della Corte di Giustizia, il saggio è volto a verificare se gli strumenti disciplinati nell'ordinamento interno che realizzano forme alternative di risoluzione delle controversie (reclamo, mediazione, accertamento con adesione e conciliazione giudiziale) costituiscono altrettanti strumenti di possibile declinazione del diritto di partecipazione e, più in generale, del diritto ad una buona amministrazione. Trough the case law of the Court of Justice, the study verifies whether domestic institutions that are alternative dispute resolution remedies (complaint, mediation, tax assessment agreement, judicial conciliation settlement) realize the right to p…
Mediation for resolving family disputes
2016
Nowadays the understanding of the institute of marriage and its importance in the society has changed. Marriage is no longer assumed to be a commitment for a lifetime. As the principle of equality has replaced hierarchy as the guiding principle of family law it gave more grounds for family disputes and it became socially acceptable to leave marriages that are intolerable or merely unfulfilling. The aim of this article is to suggest an alternative dispute resolution method-mediation as a worthy option for resolving family conflicts.
ARBITRATION AND ADR, COMPONENTS OF THE NEW PARADIGM OF THE JUSTICE IN THE MODERNITY
2018
Arbitration is a piece of the new conception of Justice. The legislators have changed the rules of arbitration and there is a sort of uniform Act of global arbitration. CNUDMI Act is the protagonist of this metamorphosis. With some contractual and jurisdictional elements arbitration is arbitration and this is its real legal nature. Two fundamental elements constitute its essence. The freedom and autonomy of the parties, on the one side, and the exercise of the function of the arbitrators and its effects, on the other. There is not arbitration without them.