EU Directive on Mediation

Developing the Field, EU Directive on Mediation, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Reform, Regulation, Success in mediation, Uncategorized

(ADR Center Romania)/ /Leave a comment

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. Presenting recently the results of the study on ‘Rebooting’ the Mediation Directive, Giuseppe de Palo talked about the “European Union mediation paradox” – the existence of a “highly acclaimed, efficient, effective process that very few people use”, in his own words – and the need…

Accreditation, ADR Clauses, Commercial Mediation, Conciliation, Corporate Counsel's View, Cross-cultural, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Governments/Public Sector, International Courts, International Law, International Mediation, Mediation Agreement, Mediation Contract Clause, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

The new ICC Rules of Mediation were unveiled this week at a global launch in Paris. Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even…

EU Directive on Mediation, EU Mediation Directive, Legal Issues, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Uncategorized

(CMS)/ /Leave a comment

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…

ADR, Arbitration, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Enforcement of a Mediation Clause, Ethics, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Agreement, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /5 Comments

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…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

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…

EU Directive on Mediation, EU Mediation Directive, harmonisation of mediation law, Judges as mediators, Legislation, Mediation Act, National Mediation Laws

(CMS)/ /Leave a comment

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…

ADR, Arbitration, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, Governments/Public Sector, harmonisation of mediation law, International Mediation, Legal Issues, Legislation, Mediation Contract Clause, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Regulation, Responsibility of States, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

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…

Accreditation, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Ethics, EU Directive on Mediation, Family Mediation, General, Ireland, Legislation, Mediation Reforms (Legislation, etc.), Reform

(Sabine Walsh Mediation)/ /1 Comment

As I sat down at my desk the other day to think about what to blog about this month, e- mails and text messages suddenly started pinging into my inbox giving me the rather exciting news that the Minister for Justice had just published the draft Mediation Bill, promised in the Programme for Government set…

ADR Agreements, Conciliation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Experts, Lawyers, Legal Practice, Legislation, Mediation Agreement, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation

(Esprit d’entente)/

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…

ADR, ADR Agreements, Cross-cultural, Deal Mediation, Developing the Field, Disclosure, Dispute Resolution, Dispute Resolution Clause, EU Directive on Mediation, EU Mediation Directive, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Mediation Practice, Mediation Reforms (Legislation, etc.), Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Samoa, UNCITRAL Model Law, War Stories

(Singapore International Dispute Resolution Academy)/ /2 Comments

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…