Roberta Regazzoni

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Improving new ways for the effective functioning
of dispute resolution methods The experience of
the Milan Chambers Mediation Service

• Roberta Regazzoni International Mediation
  ServicesMilan Chamber of Arbitration
• www.milanmediation.com

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• 1) Bilateral agreements
• 2) O.D.R.

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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 rulesfees About 10 cases per
year Average value 107.000 Euro
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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
rulesfees are the same as the domestic mediation
service
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• 2002 RisolviOnline Online Dispute Resolution
  (ODR)

Definition Partial or total online management
of disputes arised in online or offline context
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January 2002

• RisolviOnline is a public and institutional
  service

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
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• RisolviOnline is designed on a model which refers
  to mediation

Its text-based
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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

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• What about results?

828 pertinent cases up to December 2011 80 B2C
Less than 5 of the mediation requests turns into
mediation proceedings
1 case up to 6 directly solved by the secretariat
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mid 2008 European Network pilot project
Trend 2007-8 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
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Rules, How it works, Code of Conduct, Fees -
in 23 languages
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We provide mediators from European and
extra-European countries
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From
to
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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)
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Entry into force of Decree 28/2010 - mandatory
pre-trial mediation for a large number of
disputes and the consequent dramatic increase of
cases filed
March 2011/march 2012 91.690 mediation cases
(800 mediation providers registered not all
truly operational) 30.331 cases filed at the
Chambers of Commerce
The platform is used by officers, parties (filing
of a mediation case, documents upload /download)
and mediators
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Why talking about ODR now?
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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
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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
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Thank you!
QAmilanmediation_at_mi.camcom.it