The paper reports on the investigation concerning the possible colonisation of Alternative Dispute Resolution discourse by litigation practices, by assessing the situation in the Italian context. Drawing on documentary data, the paper investigates the extent to which the integrity of arbitration discourse is maintained, pointing out phenomena of contamination from litigation practices and exploring the motivations for such an inter-discursive process. An additional issue investigated concerns the relationship between the professional identity of the arbitrators and the kind of language used in their texts; for this purpose the analysis focuses on arbitration discourse both by legal and non-legal experts.
The litigational ‘Colonisation’ of ADR discourse
GOTTI, Maurizio
2012-01-01
Abstract
The paper reports on the investigation concerning the possible colonisation of Alternative Dispute Resolution discourse by litigation practices, by assessing the situation in the Italian context. Drawing on documentary data, the paper investigates the extent to which the integrity of arbitration discourse is maintained, pointing out phenomena of contamination from litigation practices and exploring the motivations for such an inter-discursive process. An additional issue investigated concerns the relationship between the professional identity of the arbitrators and the kind of language used in their texts; for this purpose the analysis focuses on arbitration discourse both by legal and non-legal experts.Pubblicazioni consigliate
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