Mediation in Europe has evolved, including developing into a mature subject of comparative legal studies. Just in October and November of this year, three voluminous books on mediation law and practice in the EU were published. Each counting over five hundred pages, they give an interesting insight into the current status of mediation in EU…
The Czech Republic joined the EU Member States that have put the necessary rules in place to transpose the Directive 2008/52/EC on mediation in civil and commercial matters. The new Mediation Act (Act No. 202/2012 Coll., “the Act”) became effective on 1 September 2012. Whereas the Directive’s implementation was significantly delayed (Article 12(1) required Member…
To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…
Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…
Finally, after a long parliamentary struggle, the German Mediation Act (Gesetz zur Förderung der Mediation und anderer Verfahren der außergerichtlichen Konfliktbeilegung) was signed into law by the President of the Federal Republic (Bundespräsident) on July 21, 2012. Four days later it was published in the Federal Gazette (Bundesgesetzblatt) BGBl. I, 2012, S. 1577, and came…
Promotion and legislation on mediation in The Netherlands Machteld Pel, Pelmediation I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation. Since the end of the nineties, the promotion of ADR has been an active…
This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…
As I write these lines, I am working on a commercial mediation project in the Pacific nation of Samoa – yes the one that has just jumped across the international dateline. My blog post today is a reflection on an aspect of this work that is relevant, not just to me, but to any of…
While large scale efforts are being made in order to be recognized as a worldwide and a free standing profession, the mediation became a profession in some countries and it remains an experiment in others. The general public’s perceptions about mediation have registered significant changes over time. If in its early stages mediation was seen…
No one expected that the implementation of the EU Mediation Directive would come about easily(1). The recent report from the European Parliament on the implementation of the EU Mediation Directive attests to the difficulties encountered by Member States in implementing the Directive(2). The Report illustrates the uphill battle faced by the mediation community as a…
