Legislation

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

(CMS)/ /Leave a comment

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…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Lithuania, Mediation Reforms (Legislation, etc.), Promoting Mediation

(Tark Grunte Sutkiene)/ /1 Comment

Mediation as a means to resolve disputes without the assistance of the court has become more and more popular in the post-Soviet bloc countries, for example Ukraine, Poland and Lithuania. The Law on Mediation in Lithuania was adopted by Parliament in 2008. Although enthusiasts of mediation welcomed the new law, mediation has not accelerated as…

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Regulation, Ukraine

(Kyiv-Mohyla Academy, Ukraine ) and (Ukrainian Mediation Center)/ /Leave a comment

On the 3rd of November 2016 Verkhovna Rada – the Parliament of Ukraine – voted for the draft law “On mediation” on the first reading. This is indeed an important event for Ukrainian mediators as they have been working hard towards it during the last eight years. All previous attempts to pass the law through…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Regulation, Surveys

(Van Benthem & Keulen N.V.)/ /Leave a comment

Everywhere judicial policy makers are seeking new ways for the distribution of justice. In the Netherlands a project is underway to abolish all paperwork from the courts. Litigation will before long be conducted entirely digitally. In order to curtail government spending, experiments are being conducted to steer claimants away from the courts and become more…

Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, South America

(International Counsel, Arbitrator and Mediator)/ /Leave a comment

With the Rio 2016 Olympics still on some of our minds, mediation in Brazil may seem like a star shining far, far away. However this distance may be closer than we think as Brazil is a country where new approaches and modalities are starting to be used to deal with disputes because, among other things,…

Appointment of Mediators, Commercial Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), India, Judges as mediators, Legislation, Mediation Practice, Particular Sectors (e.g. Construction, Banking, etc.), Regulation

(Indian Institute of Arbitration & Mediation (IIAM))/ /3 Comments

The Ministry of Corporate Affairs (MCA), Government of India, notified the “Companies (Mediation and Conciliation) Rules, 2016” on September 9, 2016. With the publication of these Rules, Central Government introduces a structure of setting up of a panel of mediators or conciliators who will have the role to communicate the view of each party in…

Legislation, National Mediation Laws, Quality, Training

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

In March 2014, Sabine Walsh blogged here on the proposed regulation for mediator certification in Germany. This has finally been published by the German Ministry of Justice, on 21 August 2016. The regulation will come into force on 1 September 2017. It was first promised in Germany’s mediation law in 2012, itself made necessary by…

ADR, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Scotland

(University of Strathclyde)/ /Leave a comment

A few months ago I painted a not-terribly-flattering picture of Scottish justice as experienced by small claimants – (Oiling the Wheels of the Justice System). Seen through the eyes of a mediator (and ex-lawyer) the language, practices and architecture seem calculated to confuse those most in need of assistance and clarity like unrepresented parties and…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of an ADR Clause, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Legal Issues, Legal Practice, Legislation, Mediation Agreement, Mediation Reforms (Legislation, etc.), regulatory robustness rating for mediation, Settlement Agreements

(Singapore International Dispute Resolution Academy) and (Sabine Walsh Mediation)/ /Leave a comment

Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy. For those of you who are just picking up the RRR topic for the first time, you might like to check out Part 1 and Part 2 first. You will recall that the aim of the Rating System is to offer…

Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of an ADR Clause, International Mediation, Jurisdiction, Legal Issues, Legislation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Regulation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

What makes good mediation law? For those of you who have been following the plot, you will recognise this as the second in a series of three posts introducing what is now called the RRR — Regulatory Robustness Rating for mediation jurisdictions. You may also notice the name change. Yes, what originated as the Mediation…