Looking back over my previous blog posts it strikes me that I’ve been throwing the term integration around a fair bit in the context of dispute resolution and mediation, in particular. The term “alternative dispute resolution” has always sat somewhat uneasily with me. While it is of course a correct description, as the procedures it…
In a previous post, I had briefly described how mediation is now embodied in the Swiss legislation and whether this may contribute to its development in Switzerland. Regarding mediation within the Judiciary, I had mentioned the lack of significant development in this field. I identified two main causes. The first one is the principle of…
In the land of plenty (austerity packages) and decennial litigation fights, a new hope seems to emerge for the first time. Mediation is in the mouths of lawyers and the minds of academics. It is also part of the MoJ’s agenda since 2010. My objective is to present you the mediation landscape in Greece, and…
If you’re in a jurisdiction with some sort of mandatory mediation program its worth reading the reasons of Mr. Justice Sloan of the Ontario Superior Court of Justice in Cornie v Security National and three companion Actions. Many lessons can be drawn from this decision depending on your perspective, but to me one clear lesson…
In the Romanian Parliament there has been submitted a draft to amend the legislative framework regarding mediation. Thus, according to the draft, prior to referring the case to the court of law or the criminal pursuit body, Parties or any of these are bound to try and settle the conflict by mediation, under penalty of…
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…
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…
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…
The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…
On December 15, 2011, the Act for the Promotion of Mediation and other Procedures of Extrajudicial Conflict Settlement (Gesetz zur Förderung der Mediation und anderer Verfahren der außergerichtlichen Konfliktbeilegung) was passed in the “lower chamber” of the German parliament (Deutscher Bundestag). The adoption of the Act was based on the recommendation of the Legal Committee…
