header-logo header-logo

28 July 2011 / Dr Ann Brady
Issue: 7476 / Categories: Features , Procedure & practice , EU , Mediation
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll