Tag Archives: Europe

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

Consultation on the relationship between courts and ADR in Europe

A consultation has been launched  "to consider the concerns that have arisen in Europe as a result of the exponential growth of numerous different forms of alternative dispute resolution".   The paper, entitled "The Relationship between Formal and Informal Justice: the … Continue reading

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Filed under ADR institutions, Government proposals and consultations

The EU Online Dispute Resolution (ODR) Platform – an update on timing

It has been confirmed that online businesses will have an extended timeframe in which to comply with new obligations to signpost customers to the Online Dispute Resolution (ODR) Platform being set up by the EU Commission. As we have previously reported, the EU … Continue reading

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

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

Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how … Continue reading

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Filed under Adjudication, ADR, ADR institutions, Expert Determination, Herbert Smith Freehills news, Mediation (General), Other ADR processes

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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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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Filed under Europe