ABSTRACT
Alternative dispute resolution (ADR) is divided into two main forms: arbitration, on the one hand, and conciliation/mediation, on the other hand. While in arbitration, the procedure results in an arbitration award, which is as binding as the decision of a judge of first instance, in conciliation/mediation, agreement is reached by the parties through the work of a neutral party, who helps them analyse the true interests involved in the dispute and leads them towards a resolution of the dispute, without imposing any decision (Berger, 2006). In theory, mediation and conciliation should have their own fields of application, deriving from the specific characteristics of these two instruments, the techniques and the tactics they employ, and the professional preparation of the experts working in each field. In practice, the terms ‘mediation’ and ‘conciliation’ are often used as synonyms for the same concept, that is, an informal cooperation towards the solution of a controversy, thanks to the neutral participation of a third party.
