ADR, valori ebraici e interfacce di traduzione tra universi di giustizia. Giudici, avvocati e uso interculturale degli strumenti processuali

The hypertrophic growth of legal litigation has slowed Italian justice, increasing the risk of ineffectiveness of the law. This phenomenon has been opposed, in counter-reaction, by a cultural change which has resulted in the implementation of several conciliatory remedies, particularly in civil litigation law. The importance of these remedies, however, is not limited only to civil law systems, but also extends to religious systems. In Judaism, for example, the typical schemes of conciliatory private autonomy, better known by the acronym ADR (Alternative Dispute Resolution), are considered by Talmudic sources to be preferred tools in the resolution of inter-private conflicts. These observations lead us to reconsider ADR in the prism of intercultural law, paying special attention to those who work in the legal field. Lawyers in particular are called upon to develop new competencies, transforming their role as defenders of rights into the entirely new role of ‘Intercultural Case Managers.’