Azerbaijan adopted the Law on Mediation on March 29, 2019. The Law is based on the principles of UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation and different CEPEJ guidelines on mediation. In addition, the Law follows the so-called opt-out mediation model (hereinafter “Opt-Out Mediation Model”), by requiring attendance…

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…

Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or…

The recent cost decision of Justice Graeme Mew in Canfield v. Brockville Ontario Speedway, 2018 ONSC 3288 (CanLII) provides an instructive review of the principles the Court will consider when weighing the cost consequences to an unsuccessful party of unreasonably refusing to participate in a mediation. The case involved whether an automobile race track was…

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,…

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….

Mediation existed in the Middle East hundreds of years ago. In fact, the notion of deferring to a neutral and objective third-party for a decision towards the resolution of a dispute is well steeped in Arabic/Islamic traditions. For example, one of the most famous stories of Prophet Muhammad’s early life is that of him being…

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:…

The European Commission has recently published a consultation document on the ‘Prevention and amicable resolution of disputes between investors and public authorities within the single market’. Industry associations, practitioners (e.g. lawyers, arbitrators, and mediators), civil society organizations, as well other citizens and organizations are invited to submit their contributions through an online questionnaire by November…

What is it about disputes in regulated sectors that make them suited to mediation? Regulated sectors are ripe for disputes. Whether it’s the energy, financial or telecoms sector, there are often incumbent players that own key infrastructure that is essential for delivering services to customers. At the same time new entrants may be vying for…