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… 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… 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… 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… 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… Read more

Improving consumer protection on a European level

Consumer rights have received further support with the announcement that the UK will adopt the proposed Directive on Alternative Dispute Resolution (ADR Directive) and a Regulation on Online Dispute Resolution (ODR Regulation). Anita Phillips, a professional support lawyer in our London office, … Read more

European Commission publishes report on use of ADR by businesses

The European Commission has recently published the results of a pan-European consultation canvassing views on ADR usage at the business level. This will inform the European Commission's desire to promote and facilitate ADR between businesses. Much of the European Commission's recent work… Read more

German mediation law comes into force

The German mediation bill has long been a source of debate and disagreement between the German Parliament's two chambers. Indeed, disagreement over the terms of the bill was referred to mediation deploying provisions under the German Constitution providing for resolution by mediation of disputes between the… Read more

Update on draft Irish Mediation Bill

The Joint Oireachtas Committee for Justice, Defence and Equality received 16 submissions regarding the draft Mediation Bill, and held public hearings  between 9 - 23 May attended by various ADR institutions. All those involved in the hearings broadly welcomed the proposed… Read more

New Spanish law on mediation

The Royal Decree-law of 5 March 2012 on civil and commercial mediation was published in the official Spanish journal on the 6 March 2012. With this new regulation the legislator has implemented into Spanish legislation the Mediation Directive. The Spanish… Read more

Ireland publishes draft Mediation Bill

In March 2012 the Ministry of Justice in Ireland published the Scheme of a Mediation Bill following the publication of the draft Mediation Bill by the Law Reform Commission in 2010. The Scheme, which builds on the draft Bill, requires that… Read more

Update on implementation of the Mediation Directive

We previously reported on the progress by Member States towards implementing the EU Mediation Directive, the deadline for which was 21 May 2011. In particular, we reported that in July 2011, letters of formal notice were sent to nine countries for… Read more

European Parliament adopts non-legislative resolution on ADR

In June 2011, the European Parliament published a draft report on ADR in civil, commercial and family matters. The report can be viewed here. Following an opinion from the European Parliament's Committee on the Internal Market and Consumer Protection (IMCO)… Read more

Increased role for mediation in Ireland

In a suite of legislative changes culminating in the Rules of the Superior Courts (Mediation and Conciliation) which came into force in October 2010, the Republic of Ireland has amended its domestic ADR framework to promote further the use of… Read more

Russian Mediation Law comes into force

On 1 January 2011, the Federal Law on Alternative Dispute Resolution Procedure with the participation of an Intermediary (193-FZ) came into force in Russia. The law was promulgated on 30 July 2010 following several years of debate regarding the need… Read more

New laws in Russia set out sound framework for mediation

On 30 July 2010, following several years of debate regarding the need for ADR in the Russian justice system, the federal law on alternative dispute resolution procedure with the participation of an intermediary (193-FZ) was promulgated. In addition, a separate… Read more

JAMS ADR Centre launches e-book on mediation advocacy

An e-book addressing mediation across European jurisdictions has recently been published by JAMS International ADR Centre in Rome. The experienced mediator and trainer Dwight Golan of JAMS coordinated the project. Herbert Smith's ADR team contributed to the e-book by drafting… Read more

Compulsory mediation launched in Italy’s civil courts

The long-awaited legislative decree addressing "mediation aimed at conciliation of civil and commercial disputes" came into effect on 20 March. The driving force behind the law is to reduce the back log of civil cases pending in Italy, which has… Read more