Mediation Directive

Advocate General Opinion on the Consumer ADR Directive and compulsory mediation

In a case referred to the Court of Justice of the European Union (CJEU) by the Italian courts, an Advocate General opinion has been issued which considers the scope of the Consumer ADR Directive, including whether it precludes national legislation from imposing mandatory mediation … Continue reading

Leave a Comment

Filed under Consumers, Mediation Directive, Refusal to mediate

Singapore office hosts client event on mediation to launch latest ADR guide

On 16 February 2016, our Singapore office is holding an interactive session with in-house counsel on how to use mediation effectively. Alastair Henderson, managing partner of South East Asia, and Emmanuel Chua, senior associate, will be joined by Eunice Chua, … Continue reading

Leave a Comment

Filed under ADR, Asia, Herbert Smith Freehills news, Mediation Directive

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

Leave a Comment

Filed under Europe, Government proposals and consultations, Mediation Directive

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

Leave a Comment

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

Italy’s Constitutional Court rules mandatory mediation unconstitutional

In an interim statement released by the Court on 26 October, Italy’s mandatory four-month mediation process to be undertaken before litigation is commenced has been found to be unconstitutional because it denies access to justice.

Leave a Comment

Filed under Europe, Mediation (General), Mediation Directive

Spain promotes civil and commercial mediation via collaboration agreement and new Act

On 10 October 2012, a collaboration agreement between Spanish judges and the Chambers of Commerce was signed to foster mediation as an alternative to formal dispute resolution. As a result of the agreement, commercial courts and first instance courts can refer cases to the Chambers … Continue reading

Leave a Comment

Filed under Europe, Mediation (General), Mediation Directive

The introduction of a new Mediation Act in the Czech Republic

On 1 September 2012 the new Mediation Act (Act No. 202/2012 Coll (the Act) became effective. Mediation is not widely used in the Czech Republic and the Act aims to establish a clear legal framework to significantly increase the number of … Continue reading

Leave a Comment

Filed under Europe, Mediation Directive

German mediation law comes into force

The German mediation bill has long been a source of debate and disagreement between the German Parliament’s two chambers. Indeed, disagreement over the terms of the bill was referred to mediation deploying provisions under the German Constitution providing for resolution by mediation of disputes between the … Continue reading

Leave a Comment

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

UK Government to introduce automatic referral to ADR in smaller disputes

The government response has been published to its consultation on “Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system”, which asked for views on compulsory mediation information sessions, automatic referral to mediation, and extenstion of … Continue reading

Leave a Comment

Filed under Government proposals and consultations, Mediation Directive, Mediation Pilot Schemes, UK

New Spanish law on mediation

The Royal Decree-law of 5 March 2012 on civil and commercial mediation was published in the official Spanish journal on the 6 March 2012. With this new regulation the legislator has implemented into Spanish legislation the Mediation Directive. The Spanish … Continue reading

Leave a Comment

Filed under Europe, Mediation (General), Mediation Directive