General report: New developments in civil and commercial mediation-global comparative perspectives

Abstract

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. In an attempt to tackle this phenomenon, support for Alternative Dispute Resolution (ADR) tools has increased in recent decades in many parts of the world. Devices-like mediation-are said not to be any longer an "alternative" to litigation but are increasingly becoming integrated part of national schemes of justice. In fact, a new system of justice understood "in a broad sense" is being developed in many parts of the world. Nowadays, mediation is said to occupy a very important position within this broad concept. It is firmly established in many legal systems and is growingly accepted in others. It is approached as a flexible and easily tailored way for parties to work out solutions to their disputes in many different fields, favoring the continuance of their relationships at the same time. Mediation is growingly accepted in many places of the world and it is more and more present on the legal agenda of many States. But at the same time too many important differences exist worldwide not only in relation to the legal framework developed, its scope and solutions provided, but also regarding the commitment to the institution by national governments and its real use by citizens.