The Institutionalization process of Alternative Dispute Resolution mechanisms in the European Union; The Estonian legal developments experience
The Institutionalization process of Alternative Dispute Resolution mechanisms in the European Union; The Estonian legal developments experience

Summary/Abstract: Formal institutionalization efforts in the European Union are proven insufficient to benefit commerce,improve the accessibility to justice and/or enhance the collaborative human interaction that the adequate use ofAlternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) methodologies could bring about.Among the fundamental challenges for a more responsible involvement of mediators and other ADR professionals intheir practice is the integration of preventive lawyering and dispute resolution principles that in addition could match thedemands of an interconnected, multicultural global society. This text proposes a revision of common institutionalshortcomings, recommending a shift of focus from the procedural and formal towards the substantial aspects of theADR methodologies and the competences that practitioners should develop. It comments on transferable skills formore effective negotiation processes and also reflects about the opportunities that the current techno-economicparadigm offers to facilitate association and exchange. In the internet society context, human transactions are influencedby transforming technical, social and economic factors that must inform the formulation of dispute resolution strategies;especially relevant to conduct further studies are the catalyzing effects on development, of mediatization and artificialintelligence applications for conflict management, in countries like Estonia where no ADR tradition preceeded statutoryregulation.

• Details
• Contents