Roberta Regazzoni – International Mediation Services Milan Chamber of Arbitration www.milanmediation.com Improving new ways for the effective functioning.

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Presentation transcript:

Roberta Regazzoni – International Mediation Services Milan Chamber of Arbitration Improving new ways for the effective functioning of dispute resolution methods: The experience of the Milan Chamber’s Mediation Service

1) Bilateral agreements 2) O.D.R.

Bilateral Agreements (1) 2004 ICBMC (Italy-China Business Mediation Centre) Milan Mediation Service and CCPIT Mediation Centre (China Council for the Promotion of International Trade) based in Beijing It has its own rules+fees About 10 cases per year Average value: Euro

Bilateral Agreements (2) 2008 Cooperation Agreement between Istanbul Chamber of Commerce and the Arbitration Chamber of Milan (operational since 2011) Devoted to Italo-Turkish B2B disputes rules+fees are the same as the domestic mediation service

2002 RisolviOnline = Online Dispute Resolution (ODR) Definition: Partial or total online management of disputes arised in online or offline context

RisolviOnline is a public and institutional service January 2002 B2B, B2C, P2P commercial disputes generated online and offline Worldwide regardless of the economic value of the dispute and the nationality of the parties involved

RisolviOnline is designed on a model which refers to mediation It’s text-based

PROS Suitable for: Transnational and Internet disputes (fast (?), cost effective, no jurisdictional issues) CONS Suitable only for those who are familiar with this tool The mediator has to cope with the lack of important clues like paraverbal and body language

What about results? 1 case up to 6 directly solved by the secretariat Less than 5% of the mediation requests turns into mediation proceedings 828 pertinent cases up to December % B2C

mid 2008 “European Network” pilot project Trend : fast increase of international online mediation requests EU Directive (52/2008) on commercial mediation (cross-border commercial disputes) Businesses and European Consumers Centres (ECCs) started showing interest on online mediation

– Rules, How it works, Code of Conduct, Fees - in 23 languages

We provide mediators from European and extra-European countries

From to

The experience developed with RisolviOnline has been implemented into a national project called ConciliaCamera A platform for the management of mediation cases + (optional – webconference tool) linking together all the Italian Chambers (105)

The platform is used by officers, parties (filing of a mediation case, documents upload /download) and mediators March 2011/march 2012: mediation cases (800 mediation providers registered – not all truly operational) cases filed at the Chambers of Commerce Entry into force of Decree 28/ mandatory pre-trial mediation for a large number of disputes and the consequent dramatic increase of cases filed

Why talking about ODR now?

a) Parties which are often involved in mediations – such as banks and insurance companies - asked to give external users access to the online platform. They have immediately recognized the benefit of an online single entry point for the Chambers mediation network, and the possibility to participate to the meetings via webconference

b) Proposal for a REGULATION of the European Parlaiment and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) November 2011

Q&A