Tag Archives: mediation law

CJEU holds that mandatory mediation is not inherently precluded by EU law

The Court of Justice of the European Union (CJEU) has concluded that national legislation imposing mandatory mediation as a pre-condition to litigation is not precluded by the EU ADR legislative framework, provided that the parties are not prevented from exercising their rights of access to … Continue reading

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Filed under Consumers, Mediation (General), Refusal to mediate

High Court decision potentially extends exceptions to without prejudice protection

In a recent decision, the High Court has found that documents relating to negotiations regarding recoverable litigation costs had to be disclosed to a third party (the claimant in the present action) who had an interest in the outcome of … Continue reading

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Filed under Confidentiality and privilege

Court of Appeal sends further message on mediation: Don’t drag your heels in arranging it

A recent Court of Appeal decision is the latest instance of the court expressly sending a message to litigants confirming what it expects of them regarding mediation within the court process: Thakkar v Patel [2017] EWCA Civ 117. Upholding a first … Continue reading

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Filed under Refusal to mediate, UK

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

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)

Singapore publishes draft Mediation Bill

The Singapore Ministry of Law is seeking public feedback on a draft Mediation Bill. The Bill will give effect to one of the key recommendations of the International Commercial Mediation Working Group (ICMWG) in 2013, being the enactment of a … Continue reading

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Filed under ADR, Asia, Mediation (General)

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

Hong Kong: first case on new Mediation Ordinance

The Hong Kong Court of First Instance has in Lincoln Air Conditioning & Engineering Co Ltd and another v Chan Ping Fai Ricky and others invoked the new Mediation Ordinance which came into effect on 1 January 2013. For background on the Mediation … Continue reading

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Filed under Asia, Mediation (General)

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.

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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

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Filed under Europe, Mediation (General), Mediation Directive