Tag Archives: EU

EU Parliament Resolution on the implementation of the Mediation Directive

The EU Parliament has adopted a Resolution on the implementation of the EU Mediation Directive (2008/52/EC), containing recommendations aimed at increasing the use of mediation in civil and commercial disputes throughout the EU. The Resolution follows a 2016 report by the EU Commission … Continue reading

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Filed under Government proposals and consultations, Mediation (General), Mediation Directive

CJEU holds that mandatory mediation is not inherently precluded by EU law

The Court of Justice of the European Union (CJEU) has concluded that national legislation imposing mandatory mediation as a pre-condition to litigation is not precluded by the EU ADR legislative framework, provided that the parties are not prevented from exercising their rights of access to … Continue reading

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Filed under Consumers, Mediation (General), Refusal to mediate

Advocate General Opinion on the Consumer ADR Directive and compulsory mediation

In a case referred to the Court of Justice of the European Union (CJEU) by the Italian courts, an Advocate General opinion has been issued which considers the scope of the Consumer ADR Directive, including whether it precludes national legislation from imposing mandatory mediation … Continue reading

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Filed under Consumers, Mediation Directive, Refusal to mediate

Consultation on the relationship between courts and ADR in Europe

A consultation has been launched  "to consider the concerns that have arisen in Europe as a result of the exponential growth of numerous different forms of alternative dispute resolution".   The paper, entitled "The Relationship between Formal and Informal Justice: the … Continue reading

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Filed under ADR institutions, Government proposals and consultations

The EU Online Dispute Resolution (ODR) Platform – an update on timing

It has been confirmed that online businesses will have an extended timeframe in which to comply with new obligations to signpost customers to the Online Dispute Resolution (ODR) Platform being set up by the EU Commission. As we have previously reported, the EU … Continue reading

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Filed under ADR institutions, Consumers, Government proposals and consultations, Online dispute resolution (ODR)

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 … Continue reading

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Filed under ADR institutions, Europe, Herbert Smith Freehills news, Mediation (General), UK

Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how … Continue reading

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Filed under Adjudication, ADR, ADR institutions, Expert Determination, Herbert Smith Freehills news, Mediation (General), Other ADR processes

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 … Continue reading

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Filed under Europe, Government proposals and consultations, Mediation Directive

ADR for consumer disputes: New obligations on UK traders from 1 October 2015

The UK government has now published the principal legislation that will implement the European ADR Directive and the European Online Dispute Resolution (ODR) Regulation, both of which seek to encourage the use of ADR to resolve consumer disputes across the EU. … Continue reading

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Filed under ADR, Consumers, Online dispute resolution (ODR)

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 … Continue reading

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Filed under Europe