Tag Archives: compulsory mediation

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

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Filed under Consumers, Mediation Directive, Refusal to mediate

ADR for financial disputes: Proposals to significantly enhance the Hong Kong Financial Dispute Resolution Scheme

The Hong Kong Financial Dispute Resolution Centre (FDRC), which since June 2012 has been providing ADR services to financial institutions and their individual customers in Hong Kong, has recently launched a consultation to significantly enhance the Financial Dispute Resolution Scheme (FDRS) … Continue reading

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Filed under ADR institutions, Asia, Government proposals and consultations

Herbert Smith Freehills launches latest Guide to Dispute Resolution in Asia Pacific

Please click here to preview this publication.  To request a copy of the guide, please email asia.publications@hsf.com. Our updated Guide to Dispute Resolution in Asia Pacific aims to provide answers to some of the basic questions a party unfamiliar with … Continue reading

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

English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation

In a withering attack on what he terms “the emasculation of legal aid” and the inevitable increase in unrepresented litigants in the English courts, Lord Justice Ward in the Court of Appeal has suggested that it may be time to … Continue reading

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Filed under ADR, Costs, Mediation (General), Refusal to mediate, UK

Australia: at what stage is it appropriate for the court to refer cases to ADR?

The types of disputes that are amenable to ADR are of course not unlimited. Judges continue to encourage parties to submit a very wide range of disputes to ADR. However, recent case law, and commentary by the Honourable Chief Justice … Continue reading

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Filed under ADR, Australia

ECJ issues its opinion in support of Italian mandatory mediation rules

The implementation of new domestic Italian legislation requires parties to engage in mediation as a pre-condition to accessing the Italian courts in many types of disputes. The new legislation coincided with the requirements outlined in the Mediation Directive and was … Continue reading

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

Compulsory mediation launched in Italy’s civil courts

The long-awaited legislative decree addressing “mediation aimed at conciliation of civil and commercial disputes” came into effect on 20 March. The driving force behind the law is to reduce the back log of civil cases pending in Italy, which has … Continue reading

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