Mediation Act

Conciliation, Court Procedure and Litigation, Legislation, Mediation Act, Mediation Schemes (In Courts, etc.), Switzerland

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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…

Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

(ADR Center Romania)/ /1 Comment

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…

Commercial Mediation, Confidentiality, Costs in Mediation, International Mediation, Mediation Act, Mediation Agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Practical Challenges for Mediators, Uncategorized, UNCITRAL Model Law

(Weiler ADR Inc.)/ /Leave a comment

Picking up where I left off last post, I want to discuss what I consider to be a major problem with the Ontario Commercial Mediation Act, 2010 (OCMA) relating to the admissibility of evidence of what occurred during a mediation. Generally (with some exceptions) at Common Law anything said or done in mediation is inadmissible…

EU Directive on Mediation, Europe, Judges as mediators, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Regulation

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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…

Mediation Act, Mediation Reforms (Legislation, etc.), Switzerland

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It has been nearly a year since the Federal Code of Civil Procedure (“CCP”) has entered into force in Switzerland (text available, in French, at: http://www.admin.ch/ch/f/rs/c272.html). The purpose of this post is to briefly describe how mediation is now legally embodied at the judicial level and whether this contributes to the development of mediation in…

ADR, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Practice, National Mediation Laws, Public Policy

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CNJ, the National Justice Council created on December 31st, 2004, and set up on June 14th, 2005 is an organization of the Brazilian Justice Department, with headquarters in the Federal District. It covers the whole national territory aiming at the coordination, administrative control and improvement of public services as far as Justice is concerned. Its…

Accreditation, ADR, Availability of Mediators, Clients, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Ethics, EU Mediation Directive, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legislation, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Responsibility of States, Standards, Training

(ADR Center Romania)/ /Leave a comment

As an effect of the Romanian Mediation Law and the EU Directive, for the past years, the mediation profession is growing exponentially in Romania. To date, seven or eight thousand mediators took the basic training and almost three thousand became authorized by the Romanian Mediation Council while the other five thousand were mainly interested in…