Arbitration, Med-Arb Clauses, Mediation Agreement, Mediation Contract Clause, Promoting Mediation, Settlement Agreements, Skills

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The ICC Commission on Arbitration and ADR has published an interesting report on “Facilitating Settlement in International Arbitration” (“Report”), which provides guidance on the effective use of mediation within arbitration proceedings, as well as on other manners of facilitating settlement by arbitrators. The ICC has been promoting mediation – within the framework of its mainstream…

International Mediation, Legislation, Mediation Reforms (Legislation, etc.), Ukraine

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It has taken a lot of time and effort for the Ukrainian mediation community to enact the law on mediation (the “Law”). On 16 November 2021, the Ukrainian Parliament finally passed it. This development opens up a new chapter and further prospects for the growth of mediation practice in Ukraine. Congratulations to all my Ukrainian…

Europe, European Law, Evaluative Mediation, Experts, International Law, International Mediation, Investor-state mediation

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On 29 January 2021, the European Union and Canada adopted four decisions providing for specific rules regarding the Investment Court System (“ICS”) agreed in the 2016 EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). One of them includes the Rules for Mediation. See: general facts about CETA. The CETA was signed on 30 October 2016, and…

ADR, Court Procedure and Litigation, Domestic Courts, Future of mediation, International Mediation, Legal Practice, Mandatory mediation, Mediation Schemes (In Courts, etc.), Opt-Out, Particular Sectors (e.g. Construction, Banking, etc.), Promoting Mediation, Reform, United States

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Is this yet another case in which New York is setting global trends? By the end of the year, the state courts in New York are due to have a system in place requiring that civil and commercial disputes be resolved through presumptive mediation. “Presumptive mediation” means an “automatic”, pre-trial, statewide program of court-sponsored ADR….

ADR, Brexit, Costs in Mediation, Court Procedure and Litigation, Europe, Future of mediation, Lawyers, Mandatory mediation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Online Mediation, Promoting Mediation, Reform

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While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…

Europe, International Courts, Legal Issues, Legislation, Mandatory mediation, Mediation Reforms (Legislation, etc.), Opt-Out, Regulation

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There are many well-known arguments for and against mandatory mediation. Neither of the two camps of its proponents and opponents appear willing to surrender. However, some recent developments signal that the proponents are now gaining the upper hand. While in the past mandatory mediation schemes were typical for some (but not all) of the common-law…

Confidentiality, Confidentiality and Transparency, Disclosure, EU Directive on Mediation, EU Mediation Directive, Legal Issues, Legislation, Mediation Act, National Mediation Laws, Regulation, regulatory robustness rating for mediation, United States

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Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or…

Art, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.)

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The term “art disputes” encompasses a broad range of disputes in the area of art and cultural heritage. They may relate to copyright and moral rights, chain of title, restitution, acquisition, donation, loan and deposit, insurance of art works, art as collateral in financing transactions, art fairs, digitalization, misappropriation of traditional cultural expressions, and several…

ADR, Arbitration, Europe, European Law, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Institutions and Rules, Mediation Users/Clients, Reform, Regulation, Uncategorized

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The European Commission has recently published a consultation document on the ‘Prevention and amicable resolution of disputes between investors and public authorities within the single market’. Industry associations, practitioners (e.g. lawyers, arbitrators, and mediators), civil society organizations, as well other citizens and organizations are invited to submit their contributions through an online questionnaire by November…

Europe, Ireland, Lawyers, lawyers in mediation, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

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Last week the long-awaited Irish Mediation Bill was finally published. Its purpose is to introduce a coherent comprehensive regulatory framework for mediation in Ireland. For a number of reasons it is interesting also for international readers. The hitherto mediation regulations in Ireland were criticized not only by experts but also by the local judiciary. In…