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 Smith Freehills partner and Head of ADR Alexander Oddy led on the production of the Guide, in conjunction … 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

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 ADR.  (Notably, the EU Mediation Directive and ADR Directive both require an extension of any … Read more

Judicial support for dispute adjudication boards

Three separate court decisions in different jurisdictions in recent months have given support to dispute adjudication boards (DABs) as a form of dispute resolution and, more generally, the enforcability of contractual dispute resolution clauses. DABs, which often comprise a panel of three members, provide a decision on a dispute which is binding pending any subsequent determination by a court or arbitral … 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

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 Duma in summer 2012.  The Russian Law on Mediation adopted in early 2011 has not … Read more

EU: ADR Directive and ODR Regulation to enter into force

We have previously reported on EU legislative proposals for a directive on ADR in consumer disputes and a supporting regulation on online dispute resolution (ODR). On 18 June 2013, the  ADR Directive  (Directive 2013/11/EU) and the ODR Regulation (Regulation (EU) 524/2013) were published in the Official Journal of the European Union.  Both will enter into force on 8 July 2013. The … Read more