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Contrary to what you might think, cross-border mediation is more than ‘ordinary mediation’, only in English, with partners from different countries. For businesses that operate internationally, mediation is a good way to limit legal and business risks and it is important to be well prepared for it.
As if the Earth stopped spinning, everyone stopped doing everything and most of all, it is important to limit and stop the spread of the virus, to provide medical care for those in need and to research and test a vaccine. All other domains appear to be operating at minimal levels, with activity suspended or significantly reduced. Class hours in schools and universities and almost all professional meetings and events are either cancelled or postponed for an indefinite period. Most importantly, more and more people are infected and dying and communities, countries and economies are suffering, perhaps more than ever in recent history.
The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Medition) will enter into force on 12 September 2020, six months after it was ratified in the parliaments of Singapore, Qatar and Fiji, the first three of the 52 states, who signed the convention so far.
The author is co-founder of ADR Center, a European ADR provider based in Rome. He is a scientific-expert member of the mediation working group of the Council of Europe’s European Commission for the Efficiency of Justice, best known as the CEPEJ (seehttp://bit.ly/2D0UAhi). He discussed that work in his recentAlternativesfeature, “A New European Parliament Mediation Resolution Calls on Member States and the EC to Promote More Use,” 36Alternatives19 (February 2018)
During the Covid-19 emergency, a new Italian law allows the full validity of mediation in a videoconference with the mandatory presence of lawyers who can sign the mediation agreement with the electronic signature and declare the authenticity of client’s signature.
The versatility of the Italian system of civil justice that emerges from the analysis of the regulatory and jurisprudential evolution of the last decade is the result of a path not always aware of the potential achievement of a virtuous balance between mediation and judicial proceedings (in light of what established by article 1.1 of Directive 2008/52/CE).