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 on ADR has focussed on business to consumer relations (see our post on the proposals on … 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

The introduction of a new Mediation Act in the Czech Republic

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

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 two chambers.  As a result of a successful mediation,  the bill was signed by the President of the … Read more

EU Council amends draft Directive and Regulation on ADR in consumer disputes

The EU Council has agreed amendments to the European Commission’s November 2011 proposals for a draft Directive on alternative dispute resolution (ADR) for consumer disputes and a draft Regulation on online ADR for resolving consumer disputes regarding online purchases made in another EU country (ODR).  The ADR-ODR legislative package is a priority initiative of the European Single Market Act and of … 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 legislation. 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 legislation has extended the provisions to domestic mediations also.  The aim is to stimulate the … 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 both lawyers and the courts suggest mediation as an alternative to litigation in civil disputes. … Read more