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Legal Frameworks for Alternative Dispute Resolution EU-Green Paper/EU-Directive. Dr. Christian Duve, M.P.A. (Harvard), Rome, June 29, 2004. Outline. Introduction EU-Green Paper EU-Draft Directive Conclusion. EU Green Paper.
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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
Outline • Introduction • EU-Green Paper • EU-Draft Directive • Conclusion
EU Green Paper Why could it be interesting? What is it about? How does it affect you?
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 ...
Alternative Dispute Resolution on its Path to Adulthood in Europe?
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
Potential Risk Limitation of Private Autonomy Over-Regulation with respect toDue 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 How Does it Affect Business World?