National Mediation Laws

ADR, Dispute Resolution, Domestic Courts, Mandatory mediation, National Mediation Laws, Promoting Mediation, Research, Surveys

(Strategic Resolution)/ /2 Comments

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…

Dispute Resolution, Future of mediation, Legislation, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Reform, Regulation, Turkey

(Istanbul Bilgi University, Turkey)/ /Leave a comment

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….

Court Procedure and Litigation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Regulation

(Sabine Walsh Mediation)/ /2 Comments

Finally, after many twists and turns, lobbying, and a not insignificant amount of blogging on my part, Ireland’s new Mediation Act, 2017 was signed into law by the President on 2nd October 2017. For those unfamiliar with my rantings and ravings (other than the learned discussions of my colleagues) over the years, a little background:…

Domestic Courts, EU Mediation Directive, Germany, Judges as mediators, Mediation Act, Mediation Practice, National Mediation Laws

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

The German Mediation Act was passed five years ago on 21 July 2012, after nearly all EU member states were required by a 2008 EU Directive to implement mediation legislation. I took the opportunity to talk about the Act and its effects with two experienced mediator-judges working in German courts. Anne-Ruth Moltmann-Willisch has been a…

Conciliation, Dispute Resolution, Germany, Legal Issues, Limitation period, National Mediation Laws, Regulation

(Eisenberger & Herzog Rechtsanwalts GmbH) and (zeiler.partners)/ /Leave a comment

Conciliation is attracting more and more users for its prided features as an easily accessible, cost- and time-effective procedure for dispute resolution. It is supported and also evidenced in the recent effort put into the discussion by UNCITRAL Working Group II to establish new instruments – a convention and a model law – with regard…

Commercial Mediation, Confidentiality, Developing the Field, Enforcement, Enforcement of a Mediation Clause, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Institutions and Rules, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Settlement Agreements, Singapore

(National University of Singapore, Faculty of Law)/ /Leave a comment

In November 2013, the Ministry of Law Working Group on International Commercial Mediation delivered its report on developing international commercial mediation in Singapore. Amongst the key recommendations in this report were the creation of a mediation service provider for international matters (the Singapore International Mediation Centre), the creation of a mediation accreditation body (the Singapore…

Confidentiality, Costs in Mediation, Court Procedure and Litigation, Ireland, Mediation Practice, National Mediation Laws, Practical Challenges for Mediators, Regulation

(Sabine Walsh Mediation)/ /2 Comments

* The views expressed here are entirely my own! Nine years after its conception by the Law Reform Commission, a draft Mediation Law, the Mediation Bill 2017, was officially presented to the Irish parliament by the Minister for Justice this week and the debate on its provisions was thereby initiated. Rafal Morek has outlined what…

EU Mediation Directive, National Mediation Laws, Promoting Mediation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

There was a prominent mediation case that hit the headlines in Germany in October and November this year. The mediator was none other than former head of government, ex-Chancellor and former Social Democratic Party leader Gerhard Schröder. The present leader of the Social Democratic Party, Sigmar Gabriel, is minister for the economy and had given…

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…

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,…