CONFLITTI E MEDIAZIONE. COMPARAZIONE GIURIDICA.

The elaborate analyzes the ADR topic and in particular the mediation issue, form a legal, social and comparative point of view. Nowadays the access to justice devotes space to ADR, given the jurisdictional apparate’s difficulty in facing the workload, with the consequence that the excessive duration of the process causes, among further consequences, also a lack in economical investments or a bad allocation of them. The analysis deals with the civil law and common law systems; broad space is given to Italian and Brazilian mediation. Brazil is waiting for the emanation of the new civil procedure code which should dedicate some articles to mediation itself as an alternative means to the ordinary process.