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…
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…
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,…
In Australia we have long experience of compulsory mediation prior to litigation in cases where a presumed power imbalance exists – such as retail tenancy and farm debt disputes. However, compulsory mediation by order of a court has been a controversial topic, particularly amongst judges, most of whom do not have actual mediation experience and…
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….
