ABSTRACT
This article provides an initial look at the state of New York’s very recent roll-out of presumptive ADR since the fall of 2019, sharing new data on the extent and success of the roll-out. Moreover, this article presents a detailed discussion of Italy’s experience with court-connected mediation since its response to the European Union (EU) directive of 2008. New York and Italy offer two of the world’s most populous and prominent bars and some of the world’s most litigious commerce. This look at both New York (obviously a major state in terms of population and economic clout) and Italy (a leading nation in the EU in fostering broad-based mediation, if not the leading nation) shows that the role of lawyers, as counsel to clients in civil commercial litigation and mediation (not simply the role of lawyers as mediators) is largely determinative of the success of court-connected mediation. In addition, these two examples lead us to believe that the role of lawyers’ business clients as participants in mediation demands greater attention, education, and reform if commercial mediation is to fully succeed in bettering dispute resolution. The author offers recommendations intended to do just that.
Madden, Thomas M, Advancing Commercial Mediation (March 18, 2024), Ohio State Journal on Dispute Resolution, volume 40, 2024.
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