Non-adversarial definition
Non-adversarial means that the procedure should not be seen as a confrontation between the entities and not a trial.132 Dispute settlement is left to be performed through the means of Article 22: negotiation, arbitration or International Court’s of Justice services. The compliance mechanism should be a certain institutionalised platform for discussion between the parties on their compliance difficulties with a view to identify the problems and facilitate their solution. Therefore appropriate means and measures have to be developed. The procedures of the established mechanism should be designed and conducted in such way as to ensure transparency – “the quality or state of being clear and transparent”133, fairness – “conformity with rules or standards”, “ability to make judgments free from discrimination or dishonesty”134, expediency – “the quality of being suited to the end in view”135, the use of methods that are beneficial rather than fair or just and predictability – „a quality of being predictable, possible to foretell”.136
Non-adversarial means working together co-operatively to reach the best resolution for everyone