Archives
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Yearbook of the Alternative Resolution Dispute Lab Year 3 - 2020/2021
Vol. 3Opening Note
As we introduce this new issue of the Yearbook, we would like to share with you some insights into the research conducted by NOVA School of Law in the field of dispute resolution.
The ADR Lab is part of the NOVA Dispute Resolution Forum.
This knowledge center has a unified and integrated focus on dispute resolution, embodying the motivating idea that the various ways of resolving disputes should be seen as exit doors, which together form the solution for managing conflict in society.
Arbitration and mediation are often presented as alternative ways of resolving disputes. However, the use of the term 'alternative' suggests a duality, the need to choose between the traditional system or the alternative, which raises the discussion about which of the two is better.
At the NOVA Dispute Resolution Forum, we argue that the question to ask is not which is the best means of dispute resolution, but rather which is the most appropriate for resolving each conflict.
Civil proceedings, arbitration, mediation, negotiation, and all other forms of dispute resolution are part of a unique set that should be thought of, discussed, and taught as such.
In this Forum, there is room for this discussion, intended to be an open dialogue within the academic community and also with professionals, businesses, and society.
We also highlight the In_Solvens research project, an empirical research project that, starting from the analysis of pre-insolvency and insolvency process data, aims to diagnose and offer solutions for this important and sometimes overlooked area of Justice.
Finally, it is our pleasure to share with you another set of texts on mediation and arbitration resulting from the work carried out at NOVA School of Law.
We wish you good readings!
Mariana França Gouveia
Full Professor and Director
Joana Campos Carvalho
PhD Candidate
Publisher: CEDIS Press
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Yearbook of the Alternative Resolution Dispute Lab Year 2 - 2019
Vol. 2Opening Note
It is once again a great pleasure and pride to present the second issue of the ADR Lab Yearbook.
The ADR Lab, now part of the NOVA Dispute Resolution Forum, was established in 2007 with the mission of developing activities related to alternative dispute resolution methods, particularly negotiation, mediation, conciliation, and arbitration. It is characterized by a strong openness to the non-academic community and aims to invest in training, research, reflection, and the dissemination of information on alternative dispute resolution methods.
It has undertaken various initiatives, notably the University Extension Course in Arbitration (8 editions), the Mediator Training Course (4 editions), and the Introduction to Alternative Dispute Resolution Methods Course. Also noteworthy is the NOVA School of Law’s Forensic and Arbitration Master's program, which includes two courses on Mediation and four on Arbitration. This is a unique offering in Portugal and has led to dozens of dissertations on Alternative Dispute Resolution, as well as papers within the scope of these courses.
The quantity and quality of the research produced led us to conclude that there was a need for a platform to better disseminate its results. Hence, this Yearbook was created, which publishes texts on Alternative Dispute Resolution, especially, but not limited to, master's theses and works carried out within the Forensic and Arbitration Master's program.
In this second issue, the collection of texts is once again of great interest, timeliness, and academic quality. On the subject of arbitration, we publish the master's thesis (with adaptations) by Ana Sernadas, on the topic of third-party intervention and joinder in arbitration, and an article by our PhD student Guilherme Brandão Gomes on the determination of arbitration proceedings by agreement of the parties. We also introduce our readers to the work of Carolina Roque, Catarina de Medeiros Carreiro, and Catarina Cerqueira in their participation, with exceptional performance, in the 26th edition of the Vienna Moot Court dedicated to international arbitration and the Vienna Convention on the International Sale of Goods. The NOVA School of Law has been achieving significant results in this highly demanding competition every year, and the reasons for this are well demonstrated by the pieces prepared by the authors, which we present here.
In the field of mediation, the co-authored text by Cátia Marques Cebola, Dulce Lopes, Lia Vasconcelos, and Úrsula Caser addresses the interesting and very current topic of environmental mediation, and the article by Marta Ribeiro de Sousa explores the theme of emotion management in mediation. Finally, we publish a translation of the United Nations Convention on International Settlement Agreements Resulting from Mediation. The translation, not official, was done by João Pedro Pinto-Ferreira. This international law instrument is still very recent, but we believe it will assume great importance for the development of cross-border mediation.
In conclusion, I must not miss the opportunity to extend a special word of thanks once again to the coordinators António Pedro Pinto Monteiro, Artur Flamínio da Silva, Daniela Mirante, Joana Campos Carvalho, and João Pedro Pinto-Ferreira, and to the editor Maria Miguel, for their dedication and enthusiasm from the very beginning. With such a team, everything is possible!
To all readers, we hope you enjoy it as much as we do!
Mariana França Gouveia
Full Professor and Director
Publisher: CEDIS Press
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Yearbook of the ADBR Lab Ano 1 – 2018
Vol. 1Opening Note
It is with great pleasure and pride that we publish (or rather, put online) the first issue of the ADR Lab Annual Review.
The Alternative Dispute Resolution Laboratory/ADR Lab, currently part of the NOVA Dispute Resolution Forum, was established in 2007 with the mission to develop activities related to alternative dispute resolution methods, particularly negotiation, mediation, conciliation, and arbitration. It is characterized by a strong openness to the extra-academic community and aims to invest in education, research, reflection, and the dissemination of information about alternative dispute resolution methods.
Among its various initiatives, we should highlight the University Extension Course in Arbitration (7 editions), the Mediators Training Course (4 editions), and the Introduction to Alternative Dispute Resolution Methods Course. Additionally, there is the Forensic and Arbitration Master's program at NOVA Law, which includes two courses on Mediation and four on Arbitration. This Master's program has led to dozens of dissertations on Alternative Dispute Resolution, as well as papers within the mentioned courses.
The quantity and quality of the research produced led us to recognize the need for a platform where its results could be better disseminated. Thus, this Annual Review was created to publish texts on Alternative Dispute Resolution, especially master's theses and works conducted within the Forensic and Arbitration Master's program.
In this first issue, the collection of texts is of great interest, relevance, and academic quality. We publish the Master's thesis by Alexandra Mendes Gonçalves, dedicated to the topic of Third Party Funding; three texts on Arbitration, two of which were produced for the University Extension Course in Arbitration; two texts on Mediation, developed within the Master's course; and finally, three case commentaries on Arbitration and Mediation.
To conclude, a very special word of thanks to the coordinators António Pedro Pinto Monteiro, Artur Flamínio da Silva, Daniela Mirante, Joana Campos Carvalho, and João Pedro Pinto-Ferreira, and to the editor Francisco Arga e Lima, for their dedication and enthusiasm from the outset. With such support, anything is possible!
To all our readers, we hope you enjoy it as much as we do!
Mariana França Gouveia
Full Professor and Director
Publisher: CEDIS Press
