Europe

European Mediation and ADR Guide published

The International Institute for Conflict Prevention & Resolution (CPR) has released its new European Mediation & ADR Guide, designed to assist corporates operating in Europe and beyond in taking full advantage of the range of ADR processes available to them. Herbert … Continue reading

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Filed under ADR institutions, Europe, Herbert Smith Freehills news, Mediation (General), UK

Public consultation on mediation in the EU

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives and to consider whether any changes to the Directive are appropriate. Responses to the consultation will … Continue reading

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Filed under Europe, Government proposals and consultations, Mediation Directive

German Court cracks down on abuse of ADR mechanisms to suspend limitation periods

It is common in many jurisdictions for the legal system to include mechanisms under which the normal limitation period for commencing court proceedings can effectively be suspended while the parties are seeking to resolve their dispute by a form of … Continue reading

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Judicial support for dispute adjudication boards

Three separate court decisions in different jurisdictions in recent months have given support to dispute adjudication boards (DABs) as a form of dispute resolution and, more generally, the enforcability of contractual dispute resolution clauses. DABs, which often comprise a panel of three members, provide … Continue reading

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Filed under Adjudication, Asia, Construction, Europe, Other ADR processes, UK

UK Government announces plans for implementation of the EU ADR Directive and ODR Regulation

The UK Government has announced its plans for implementing the ADR Directive and the ODR Regulation, both of which are aimed at promoting the use of ADR schemes in disputes involving consumer complaints throughout the EU. While the Government is not at this stage … Continue reading

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Filed under ADR, ADR institutions, Consumers, Europe, Government proposals and consultations, Online dispute resolution (ODR), UK

EU Parliament questionnaire on effective mediation policy

The European Parliament has issued a public questionnaire (‘Assessing the Impact of the EU Mediation Directive and Exploring Legislative and Non-Legislative Measures to Encourage the Use of Mediation in EU Member States’) to gather information about mediation policy and practice in civil and … Continue reading

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Filed under Europe, Government proposals and consultations, Mediation (General), Mediation Directive

Russian Supreme Commercial Court continues to push for reconciliation bill

In a recent interview, the Chairman of the Russian Supreme Commercial Court, Anton Ivanov, has expressed a view in support of the bill “On Making Amendments to Specific Legislative Acts to Improve Reconciliation Procedures” (the “Bill”) submitted to the State … Continue reading

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EU: ADR Directive and ODR Regulation to enter into force

We have previously reported on EU legislative proposals for a directive on ADR in consumer disputes and a supporting regulation on online dispute resolution (ODR). On 18 June 2013, the  ADR Directive  (Directive 2013/11/EU) and the ODR Regulation (Regulation (EU) 524/2013) were published in the Official … Continue reading

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Filed under ADR institutions, Consumers, Europe, Online dispute resolution (ODR)

Improving consumer protection on a European level

Consumer rights have received further support with the announcement that the UK will adopt the proposed Directive on Alternative Dispute Resolution (ADR Directive) and a Regulation on Online Dispute Resolution (ODR Regulation). Anita Phillips, a professional support lawyer in our London office,  … Continue reading

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Filed under ADR, ADR institutions, Consumers, Europe, Online dispute resolution (ODR), UK

European Parliament adopts legislative Resolutions on ADR proposals

On 12 March 2013, the European Parliament adopted two key legislative measures regarding ADR in respect of consumer disputes. The first Resolution deals with the proposed Directive on alternative dispute resolution (ADR) and the second Resolution deals with the proposed … Continue reading

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Filed under ADR, Europe, Government proposals and consultations