Brexit: UK unwinds implementation of EU ADR laws

Jan O’Neill Professional Support Lawyer, London   The UK Government has published legislation to effectively revoke the implementation of the EU Mediation Directive (2008/52/EC) after Brexit. The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (the Regulations) were made on 1 March 2019 and will come into effect on exit day, whenever that occurs. Why? The development … Read more

EU Parliament Resolution on the implementation of the Mediation Directive

The EU Parliament has adopted a Resolution on the implementation of the EU Mediation Directive (2008/52/EC), containing recommendations aimed at increasing the use of mediation in civil and commercial disputes throughout the EU. The Resolution follows a 2016 report by the EU Commission which concluded that, overall, the Mediation Directive had added value, particularly by prompting significant legislative … Read more

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 as a pre-condition to litigation:  Menini and another v Banco Popolare Società Cooperativa (Case C-75/16).  Read more

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, deputy CEO of the Singapore International Mediation Centre, to discuss: the "right" time to use … Read more

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 inform a report the Commission is required to submit to the EU legislative bodies by … Read more

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 commercial cases in EU member states.  One of the stated purposes of the review is ‘to … Read more

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 of Commerce for mediation. Since its signature, a unified commercial mediation services system will be … Read more