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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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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