Failure of nine Member States to implement the Mediation Directive by the deadline

On 22 July 2011, the European Commission sent letters of formal notice to the Czech Republic, Spain, France, Cyprus, Luxembourg, the Netherlands, Finland, Slovakia and the UK because they had not yet informed the Commission whether they had put all national measures in place to fully implement the Mediation Directive. These countries have two months … Read more

EU initiatives to promote ADR in consumer and financial services sectors

Together with the consultation on the use of ADR and the resulting legislative proposal, the European Commission is undertaking the following initiatives: The EU Citizenship Report dated October 2010 pledges to facilitate fast and inexpensive out-of-court resolution of consumer problems in the EU by (1) promoting the wider use of mediation by 2013, and (2) exploring … 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 ADR. In particular, Circuit Court and High Court judges will now be allowed to adjourn … Read more

Implementation of the European Mediation Directive in Germany

In July 2010, the German Federal Ministry of Justice published a draft bill which, if passed into law, will deal with the implementation of the European Mediation Directive (the Directive). The draft bill implements most of the key provisions of the Mediation Directive and in some cases exceeds its requirements, in particular in its application … 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 for ADR in the Russian justice system. 193-FZ regulates the mediation procedure in disputes arising … Read more