Mandatory mediation

ADR, Conciliation, Consumer conciliation, Dispute Resolution, Europe, Mandatory mediation, Mediation and Society

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

Two days ago I attended a birthday party – one of Germany’s most active consumer conciliation bodies celebrated its ten-year anniversary. There was an interesting panel discussion on the role of consumer conciliation in Germany and in Europe, particularly given that the European Union has attempted to promote this service through its DIRECTIVE 2013/11/EU on…

Dispute Resolution, Europe, Greece, Legislation, Mandatory mediation, National Mediation Laws, Regulation

(Resolve Mediators & ADR Experts)/ /Leave a comment

Introductory Remarks Nine years after the enactment of Law 3898/2010, which was the first piece of legislation to regulate mediation in Greece in compliance with Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters, and almost one year and a half after its replacement by Articles 178-206 of Law 4512/2018, Law 4640/2019…

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

(CMS)/ /Leave a comment

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….

Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Mandatory mediation, Mediation Act, Mediation Institutions and Rules, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Opt-Out, Scotland, Uncategorized

(University of Strathclyde)/ /Leave a comment

To paraphrase a worldwide cliché, you wait decades for a Mediation Act and two come along at once. On this typically dreich Scottish summer afternoon I find myself in the surprising position of examining two distinct proposals for mediation legislation. Why surprising? This blog has carried news of a succession of mediation acts in countries…

Commercial Mediation, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Mandatory mediation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Turkey

(Resolve Mediators and Dispute Resolution Experts)/ /1 Comment

January is the time of the year when we all reflect on the past experiences and set goals for the unfolding new year. From a mediation perspective, 2018 marked major positive developments in Turkey. Turkish mediation practice is developing quickly through the implementation of mandatory mediation. Rafal Morek mentions in his blog post how mandatory…

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

(CMS)/ /Leave a comment

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…

Appointment of Mediators, Availability of Mediators, Class action, Commercial Mediation, Costs in Mediation, Court Procedure and Litigation, Economics, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients

(Weiler ADR Inc.)/ /Leave a comment

While The Kluwer Mediation Blog is aimed at an international audience and often deals with issues of transcendent import to those interested in the mediation process (like Bill Marsh’s recent inspiring post on Leadership) I can’t help but comment on recent Ontario decision that will be of interest to the mediation community here, and perhaps…

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

(CMS)/ /2 Comments

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…

Australia, Mandatory mediation

(Strategic Resolution)/ /6 Comments

Recent blogs by Haris Meidanis on compulsory mediation in Greece prompt me to consider how lucky we are in Australia. Compulsion into mediation is common here. Outcomes are similar to voluntary mediation. It is sometimes argued that mandatory mediation is a contradiction in terms because mediation is “a voluntary process”. This view was adopted by…

Lawyers, Legislation, Mandatory mediation

(ADR Center Romania)/ /Leave a comment

Four years after Romanian Constitutional Courts’ Decision no. 266/2014 has put mediation in Romania to freeze, this year the Parliament has adopted a set of amendments to the Law of Mediation. It included a mandatory „mediation attempt” clause in order to revitalize this activity. But the President of Romania has already challenged these modifications at…