INTEREST-BASED NEGOTIATION, COLLABORATIVE PRACTICE AND ADR PROCEDURES..

In an economic and social environment where difficulties, crises and personal conflicts often lead to the dissipation of thriving businesses and of substantial family assets, the negotiating lawyer has a crucial role to play, as s/he assists the parties in settling conflicts and in reaching an agreement. The prominent professional and social role of the negotiating lawyer has recently been recognized by a number of legislative changes; these have contributed to the development of this new professional role which requires specific interaction and human skills, including the ability to understand the interests of the parties above and beyond their legal claims. For this reason we have engaged in an in-depth analysis, including through specific studies and publications, of negotiating techniques that take inspiration from the "interest based negotiation” approach as opposed to traditional adversarial methods, based on the protection of the parties’ positions rather than on the pursuit of their interests and needs. We have also put our conflict management experience and skills to good use in commercial and corporate matters, also resorting to Alternative Dispute Resolution ("ADR") procedures, including assisted negotiation, mediation and arbitration procedures for disputes among shareholders or between the company and its shareholders. By introducing specific clauses in the Articles of Association and by resorting to these procedures, which ensure short response times and predetermined costs, the business entities involved can thus pursue the most appropriate management course to resolve internal management conflicts and avoid deadlocks.