Abstract

Quantitative and qualitative benefits are emerging from ADR/ODR methods but the lack of legal and technical interoperability, the uncertainty about the value of the outcomes obtained through these methods, and the proliferation of many heterogeneous and fragmented practices, regulations and rules, especially in cross border disputes, do not contribute to creating an atmosphere of trust. Mindful of the proven usefulness of such mechanisms, we hereby propose the draft of an international legal instrument for this significant socio-economic sector. This initiative would enhance the progressive harmonization of international substantive and procedural domestic laws and would foster the expansion of ADR/ODR methods worldwide.

Key words: ADR, ODR, mediation, resolution mechanisms, court-connected mediation, interoperability, relational justice, standards, ethics, principles, framework.