Roberta Regazzoni – International Mediation ServicesMilan Chamber of Arbitration

www.milanmediation.com

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 yearAverage value: 107.000 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

PROSSuitable 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 2011

80% B2C

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

– 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: 91.690 mediation cases (800 mediation providers registered – not all truly operational) 30.331 cases filed at the Chambers of Commerce

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

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&Amilanmediation@mi.camcom.it