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28 July 2011 / Dr Ann Brady
Issue: 7476 / Categories: Features , Procedure & practice , EU , Mediation
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Time for reflection?

Dr Ann Brady considers the role of mediation across the EU

The 2002 European Commission Consultative Paper on alternative dispute resolution (ADR) in civil and commercial law initiated a broad-based consultation on a number of legal issues relating to mediation and brought into sharp focus variations between individual member states such as: domestic legislation, or lack of it, regulating the use of mediation; provision of mediation according to the type of legal system operated; the training and regulation of mediators; costs of operating mediation services and who should bear the financial burden. Among a number of major EU initiatives following this consultative paper, two have particular significance: the European Code of Conduct for Mediators and Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters.

Code of Conduct

The European Code of Conduct for Mediators sets out the following principles to which both individual mediators and mediation services providers can voluntarily commit: competence; appointment and advertising of mediators’ services; independence; neutrality of mediators; mediation agreements; fairness of the

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

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Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

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Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
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Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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