The Lawyer Building a Window for Constructive Dispute Resolution. Member Spotlight: Andrea Marighetto
At the recent MBBI Europe launch event in Hague, one of the speakers said that “We should not be afraid of conflict. We need to use conflict to create good relationships.” This quote resonated with Andrea Marighetto, an MBBI member in attendance, and helps to shine a light on the academic and legal expert making a cooperative impact in his field.
After getting invited to San Diego in 2004 by his friend and colleague Prof. Luca Dal Pubel, Andrea became a certified mediator. Andrea has gone on to build and expand upon his accomplished career in international private law, recently joining MBBI in 2024. From incorporating mediation and arbitration into contracts to utilizing his cultural expertise in cross-border dispute resolution, Andrea is promoting constructive dialogue as a viable option in the commercial sector.
Andrea grew up in Vicenza, Italy, and received his first law degree in Verona. He went on to get his Master’s in Diplomacy and International Affairs (University of Padua, Italy, 2003), as well as PhDs in Private Comparative Law (UFRGS, Brazil, 2010) and Uniform Commercial and Comparative Law (La Sapienza, Rome, 2017). Andrea could have been content with a more typical career in litigation, but, as a lifelong learner, Andrea discovered novel ways of integrating mediation into his legal work. Indeed, as he says, “Every day is a new day to learn something.”
What is perhaps most impressive about Andrea’s work is his ability to blend peacemaking theory with concrete action. Andrea himself speaks on the difficulty of this mix, as “Sometimes, theory sounds better than real life allows.” He uses the metaphor of a window to describe his approach to integrating mediation into international private law: If a window frame is the hard legal basis for any contract, then a window pane is the more delicate area of negotiation in an international legal dispute. Andrea’s goal is to build negotiation into contracts’ legal basis. This involves numerous practical challenges, however, demanding Andrea’s sharp attention to detail and creative problem-solving.
Andrea draws inspiration from his wealth of international experience. In China and many countries in the Middle East, for example, their contracts have built-in bona fide (“good faith”) peacemaking clauses. This means that in the case of a problem between two parties, mediation (followed by arbitration and more mediation if necessary) must be the first approach to solving that problem. Andrea seeks to normalize these multi-step clauses in other countries, such as Italy, Brazil, and the Netherlands.
Andrea’s experience in Brazil makes him stand out. He was first a visiting researcher at the Brazilian Ministry of Justice specializing in mediation before receiving his first PhD at the Federal University of Rio Grande do Sul (UFRGS). After defending his PhD, he began working in the private sector, collaborating with the Italian and Brazilian Chambers of Commerce and gaining hands-on experience with multinational companies. His in-depth work with contracts led him to apply mediation techniques not only in commercial matters, but also in criminal justice cases (i.e. white collar crimes, plea bargains, etc.).
To Andrea, “companies are like people,” which is why he believes it’s essential to respect and protect the organization above all else. Alternate Dispute Resolution (ADR) is an option that must always comply with the applicable legal framework, highlighting the need to assess and, where appropriate, incorporate ADR into the contractual choice of applicable law. In private law contracts, mediation can resolve a dispute in a single day, in contrast to a lengthy and contentious court proceeding that may last years. While the judicial process can be rigid and compulsory, mediation restores dignity to the parties involved. For this reason, Andrea is committed to promoting mediation as a concrete and viable avenue within the field of private law.
Andrea is currently based in the Netherlands, a country which frequently uses mediation in its judicial system. Andrea also lectures about dispute resolution, mediation and arbitration at various universities in Italy and beyond. In addition to this work, he continues to review international contracts, including for Brazilian-EU relations. Andrea stays busy, using his knowledge of four-plus languages to bridge international borders and improve private law relationships. Built into Andrea’s motivation is a deep “need to transmit and have a dialogue” about the possibilities of mediation and arbitration in commercial law.
In the future, Andrea intends to further advance his research in the field of common law, with particular emphasis on the integration of “good faith” mediation clauses into international contracts. He is deeply committed to fostering corporate social responsibility as a cornerstone of long-term sustainability. This endeavor requires a nuanced understanding of each country’s business practices and its historical engagement with ADR. Thanks to his cultural fluency and solid academic foundation, Andrea is exceptionally well-positioned to pursue the next steps in his career.
Article by Elsie Aleck, MBBI Writer