Lawyer Monthly - April 2023

satisfactory results. Subjects such as ADR, arbitration, or mediation have been incorporated into university curricula, both in undergraduate and postgraduate courses and important postgraduate educational programs in arbitration and mediation have been developed. Interest in ADRs has increased in the legal community. I would say that the main reason is circumstances that affect the proper functioning of the judiciary, but not only this. Progress has been made gradually towards a general level of awareness of the advantages (and disadvantages) of ADR. In other words, the legal community has enough professional maturity to identify when to choose one way or another. Are there any legislative or cultural obstacles to its more widespread adoption? In general terms, I would not say important development for more than 20 years. For example, in arbitration, since the adoption of the 1998 Law, the paradigm of understanding commercial arbitration has changed, giving way to a pro-arbitration regulatory framework. To this is added the 1999 constitutional normative provisions that, together with an early jurisprudence of the Supreme Court, have served as the basis for progressive and consolidated development of arbitration (and other ADRs mechanisms) in Venezuela. This was evidenced in the increase in the number of arbitrations administered since 2000 by arbitral institutions in Venezuela which were slowed down by the severe crisis between 2014 and 2019, and with the arrival of the COVID era and with a gradual increase in recent years in arbitration cases administered by Venezuelan institutions. Some institutions oversee managing mediation and conciliation processes, independently or as an integral phase of arbitration proceedings, with 70 LAWYER MONTHLY APRIL 2023 Since the adoption of the 1998 Law, the paradigm of understanding commercial arbitration has changed, giving way to a pro-arbitration regulatory framework.

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