Le alternative al processo e lo studio delle dispute nell'esperienza statunitense

The recent spread of methods of alternative dispute resolution (ADR) in Italy seems to be following a trail blazed some thirty years ago by the informal justice movement in the United States. While awaiting the opportunity for field verification of the effects of these practices on the administration of Italian justice, this article attempts to list some of the fundamental characteristics of a movement that made skilled use, in political terms, of a unique alliance between the conservative right and the radical left, whose common terrain was their declaration of the limits of formal legality. In theoretical terms, a comparable alliance was forged in the framework of a heated interdisciplinary debate between exponents of sociology, anthropology and legal science, who focused on the dispute as their common unit of analysis, seeing it as a conceptual link capable of uniting law and society, thus furthering a decisive semantic shift, of considerable significance, away from the language of rights and towards the language of interests and of needs.

Ivan Pupolizio, Le alternative al processo e lo studio delle dispute nell'esperienza statunitense in "SOCIOLOGIA DEL DIRITTO " 3/2004, pp , DOI: