27th international congress of notaries – the “de-judicialization” of civil and commercial disputes: roles and opportunities for the notaries

Giuseppe De Palo, President of ADR Center, led the forum on The “De-judicialization” of Civil and Commercial Disputes at the International Congress of Notaries held in Lima, Peru. Professor De Palo focused the forum on the role of notaries in resolving dispute through ADR. Considering the effectiveness of ADR systems in resolving disputes in the countries where they are used, Professor De Palo recommended that notaries take on the role of mediator to resolve disputes. Most importantly, the forum concluded that the notariat may contribute, as of right and throughout the world, to ensuring social peace both before and after the stipulation of every contract or notarized deed.

As a result of the forum the General Meeting of Members recommended to the national Chambers and the national councils that each notariat commit to ADR, promote the training of mediators among the notarial profession, promote and create ADR centers, and that each State adopt specific legislation to acknowledge the notariat’s role as mediator and give enforceability to agreements resulting from mediation and/or arbitration.