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

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

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

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

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

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. Read more

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

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 cases settled through mediation. The Act gives effect to the requirements of the Mediation Directive. … Read more