Legal Frameworks for Alternative Dispute Resolution EU-Green Paper/EU-Directive

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Legal Frameworks for Alternative Dispute
ResolutionEU-Green Paper/EU-Directive

• Dr. Christian Duve, M.P.A. (Harvard),
  Rome, June 29, 2004

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Outline

• Introduction
• EU-Green Paper
• EU-Draft Directive
• Conclusion

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EU Green Paper

• Why could it be interesting? What is it about?
  How does it affect you?

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Why Could the Green Paper Be Interesting?

• First Overview of the State of Alternative
  Dispute Resolution (ADR) within the European
  Union (EU)
• Green Paper Raises Crucial Questions for the
  Dispute Resolution Practice
• Once the Commission Gets Involved, it is Getting
  Serious ...

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Alternative Dispute Resolution on its Path to
Adulthood in Europe?
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What is the Green Paper About?

• Objectives of Green Paper
• Scope of Application
• Proceedings Covered by the Green Paper
• Questions by the Commission - Potential Answers
• No Need to Act
• Advisable to Act

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How Does it Affect Business World?

• Potential Risk
• Limitation of Private Autonomy
• Over-Regulation
• with respect to Due Process Requirements
• Minimum Training and Ethical Standards

• Potential Benefit
• Expansion of Dispute Resolution Options
• More Certainty with respect to
• Confidentiality in Subsequent Legal Proceedings
• Enforceability of Settlements in International
  Disputes