Legislation

Commercial Mediation, Dispute Resolution, India, Legislation, Mandatory mediation, Opt-Out, Promoting Mediation

(Shardul Amarchand Mangaldas & Co.)/ /Leave a comment

The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially significant development, section 12A of the Bill stipulates mandatory pre-institution mediation i.e. the plaintiff is mandatorily required to exhaust the remedy of mediation prior to filing a suit…

Brazil, Dispute Resolution, Lawyers, lawyers in mediation, Legislation

(Mediar360 - Dispute Resolution )/ /3 Comments

Brazil is on its way to making lawyers mandatory on mediation procedures. Last month the House of Representatives approved a bill (PL 5.511/2016) that reads, in a free translation, “it is mandatory the presence of Lawyers in consensual dispute resolution procedures, such as mediation and conciliation”. Now the Senate will analyze the subject before it…

Arbitration, Australia, Commercial Mediation, Dispute Resolution, Due Process, Hong Kong, Legal Issues, Legislation, Med-Arb Clauses, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, The role of the mediator

(Strategic Resolution)/ /Leave a comment

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…

ADR, Developing the Field, Dispute Resolution, Europe, Future of mediation, Legislation, Mandatory mediation, Mediation Act, Regulation

(Meidanis Seremetakis & Associates)/ /Leave a comment

It cannot be suggested that mediation in Greece has been a success, yet. It cannot be said that it has been a failure either. The fact of the matter is that few cases have been to mediation to date in this country, hence in practice it is an unfamiliar process for citizens and companies. However,…

Commercial Mediation, Dispute Resolution Clause, Legislation, Mediation Practice

(ADR Center Romania)/ /Leave a comment

A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by their representatives.; (2) If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.”. The language of the…

Dispute Resolution, Future of mediation, Legislation, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Reform, Regulation, Turkey

(Istanbul Bilgi University, Turkey)/ /Leave a comment

On 12 October 2017, the law numbered 7036 on labour courts was adopted making mediation mandatory in certain types of labour disputes in Turkey. Accordingly, a claim for the collection of receivables or compensation either by the employer or employee or for the reinstatement of an employee, must first be filed before a mediation bureau….

Dispute Resolution, Future of mediation, Legislation, Mediation Practice, mediation process, mediation traditions, Middle East, Policy, Promoting Mediation, Reform, Regulation, The role of the mediator

(Georgetown University Law Center)/ /Leave a comment

Mediation existed in the Middle East hundreds of years ago. In fact, the notion of deferring to a neutral and objective third-party for a decision towards the resolution of a dispute is well steeped in Arabic/Islamic traditions. For example, one of the most famous stories of Prophet Muhammad’s early life is that of him being…

Brazil, Legislation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

The debate regarding the urgency of modernizing Brazilian labour laws has been going for quite a while, probably dating back to early 80s. Over the last four decades, hundreds of professions have disappeared, thousands have been created and our legislation has remained almost untouched. As some of you may recall, not long ago, I posted…

cross-border mediation, Developing the Field, Enforcement, International Mediation, Legislation, Mediation Act, Singapore, Third Party Funding

(Centre for International Law, National University of Singapore)/ /Leave a comment

The Singapore Mediation Act entered into force on 1 November 2017. As noted in an earlier post by Joel Lee, it is the product of painstaking study since 2013 by the Ministry of Law’s International Commercial Mediation Working Group, the Chief Justice, mediators, counsel, consultants, students, funders, international practitioners and dispute resolution institutions including the…

Court Procedure and Litigation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Regulation

(Sabine Walsh Mediation)/ /2 Comments

Finally, after many twists and turns, lobbying, and a not insignificant amount of blogging on my part, Ireland’s new Mediation Act, 2017 was signed into law by the President on 2nd October 2017. For those unfamiliar with my rantings and ravings (other than the learned discussions of my colleagues) over the years, a little background:…