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

UK Government to introduce automatic referral to ADR in smaller disputes

The government response has been published to its consultation on “Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system”, which asked for views on compulsory mediation information sessions, automatic referral to mediation, and extenstion of the provisions in the Mediation Directive to domestic disputes. 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

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 failure to implement the Directive. The European Commission is now taking action against six of … Read more