Civil And Commercial Mediation In Europe

Author : Carlos Esplugues Mota,Carlos Esplugues
Publisher : Intersentia Uitgevers N V
Page : 802 pages
File Size : 43,7 Mb
Release : 2014-03-27
Category : Law
ISBN : 1780681305

Get Book

Civil and Commercial Mediation in Europe by Carlos Esplugues Mota,Carlos Esplugues Pdf

Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which, for several reasons, the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union, the institution of mediation has received much support in the form of Directive 2008/52/EC, which sets forth a minimum common legal framework for mediation in the EU's Member States. The 2008 Directive has finally been implemented in the Member States, and this book provides the much needed in-depth analysis of the status of the mediation regimes in the EU. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. Whereas detailed national reports on the situation of national mediation have already been published in Civil and Commercial Mediation in Europe - National Mediation Rules and Procedures (ISBN 978 1 78068 077 4), this book, in addition to the analysis, includes national reports on cross-border mediation, including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings, and the content of the settlement reached by the parties. Special attention is given to the recognition and enforcement in the EU of settlements reached in other Member States and outside Europe. In addition, the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the EU for cross-border mediation. It will be an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.

Author : Carlos Esplugues Mota,José Luis Iglesias Buhigues,José Luis Iglesias,Guillermo Palao Moreno
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2014-03-27
Category : Civil law
ISBN : 1780682492

Get Book

Civil and Commercial Mediation in Europe (set - Vols. 1&2) by Carlos Esplugues Mota,José Luis Iglesias Buhigues,José Luis Iglesias,Guillermo Palao Moreno Pdf

Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.

Author : Ewald A. Filler
Publisher : Kluwer Law International B.V.
Page : 476 pages
File Size : 55,6 Mb
Release : 2012-10-01
Category : Law
ISBN : 9789041142160

Get Book

Commercial Mediation in Europe by Ewald A. Filler Pdf

For many businesses, mediation is seen as a swifter and cost-effective alternative to conventional forms of dispute resolution. Although its acceptance by policymakers in Europe has been slow, the recent development by various EU Member States of legal and institutional frameworks for commercial mediation have been complemented by a European framework for cross-border civil and commercial mediation, the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters. This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the Øresund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author’s analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.

Author : Anna Howard
Publisher : Kluwer Law International B.V.
Page : 340 pages
File Size : 41,6 Mb
Release : 2021-01-13
Category : Law
ISBN : 9789403518046

Get Book

EU Cross-Border Commercial Mediation by Anna Howard Pdf

Despite the growing national and international regulatory framework to support cross-border mediation, the use of such mediation appears to remain stubbornly low. This book focuses in particular on the European Union’s (EU’s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the lens of disputants, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation. The analysis of the insights provided by the disputants reveals, for example: the prominent role played by negotiation as a cross-border dispute resolution process; that negotiation is a key comparator for disputants when considering whether to use mediation; how the EU’s continued focus on understanding and presenting mediation as an alternative to litigation has resulted in measures which are insufficient to address fully the barriers to the use of mediation; intriguing barriers to the use of mediation which arise from the association which disputants draw between mediation and negotiation; how the relationship which disputants draw between mediation and negotiation paradoxically raises both opportunities for, and obstacles to, the increased use of mediation; and what disputants need in order to increase their use of cross-border mediation. The qualitative nature (by way of interviews) of the research conducted for this book has enabled the identification of nuanced and novel findings regarding mediation’s position and potential in cross-border dispute resolution. These findings, together with a detailed examination of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters and the EU’s continued initiatives to foster the use of mediation, form the foundation upon which this book’s recommendations are built. Changing the frame to view the use of mediation through the disputants’ perspective, as this book does, provides the opportunity for the EU to promote cross-border mediation in a way which resonates more deeply with disputants and responds more fully to their concerns and needs. This thought-provoking book will be of interest not only to European and national bodies seeking to promote the use of mediation but clearly also to dispute resolution academics, in-house counsel, and of course mediators and dispute resolution practitioners in general.

Author : Carlos Esplugues,Carlos Esplugues Mota,José Luis Iglesias,Guillermo Palao Moreno
Publisher : Intersentia Uitgevers N V
Page : 539 pages
File Size : 48,8 Mb
Release : 2013-01-01
Category : Law
ISBN : 1780680775

Get Book

Civil and Commercial Mediation in Europe by Carlos Esplugues,Carlos Esplugues Mota,José Luis Iglesias,Guillermo Palao Moreno Pdf

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since known in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the fi eld of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, with an implementation date of 21.5.2011, prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark. This book studies in depth the current legal framework in every EU Member State as regards mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. Every chapter on national law analyses both out-of-court and court-annexed mediation in the existing legal framework; the areas of law covered by mediation

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2024-06-29
Category : Civil law
ISBN : OCLC:875771110

Get Book

Civil and Commercial Mediation in Europe by Anonim Pdf

Author : David Richbell
Publisher : Bloomsbury Publishing
Page : 611 pages
File Size : 45,5 Mb
Release : 2015-07-02
Category : Law
ISBN : 9781780436838

Get Book

How to Master Commercial Mediation by David Richbell Pdf

“Incontrovertibly the most important book on mediation published in English in recent years (possibly EVER?)” Hew Dundas, Former President of the Chartered Institute of Arbitrators “Great attention to detail, bringing together a life time experience! I will certainly be recommending it to people in Ireland who come on my training courses.” Geoffrey Corry, Mediator and Trainer “Put simply, it is a masterpiece.” John Sturrock, Core Solutions Group David Richbell is ranked fifth, internationally, in the top ten “Most Highly Regarded Commercial Mediators" by Who's Who Legal 2014 How to Master Commercial Mediation guides commercial mediators through every stage of their development, from novice to the aspirational standards of the master mediator. Moulding, maturing and mastering Split into three sections, this new title covers the essential skills and processes of effective commercial mediation for three levels of competence: Moulding for novices; Maturing for practising mediators and; Mastering for those who are at the top and wish to maintain their excellence. Section one covers basic skills and process. It includes a case study that covers each phase of a typical mediation, and also covers typical challenges that may be encountered. Section two builds on these basic skills and covers psychology in mediation, specialist sectors, ethics and intercultural mediation. Section three looks at the personal and external development needed for mediators to become experts in their field. It includes contributions from mediators in every European jurisdiction describing the state of mediation in a particular jurisdiction and its place within that respective legal system as well as discussing further intercultural skills. It also looks at skills beyond mediation that can be used to help in dispute resolution. Written by an experienced commercial mediator with specialist contributions from other renowned mediators How to Master Commercial Mediation is filled with expert, practical advice and tips. It also includes bullet point summaries, checklists, scripts of actual commercial mediations together with questions and answers.

Author : Association for International Arbitration
Publisher : Maklu
Page : 234 pages
File Size : 42,8 Mb
Release : 2012
Category : Law
ISBN : 9789046604991

Get Book

European Mediation Training for Practitioners of Justice by Association for International Arbitration Pdf

The importance of the free movement of persons and the proper functioning of the internal market, in particular concerning the availability of mediation services in cross-border disputes, was an important point on the agenda of the European Directive 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The European Mediation Training for Practitioners of Justice (EMTPJ) is an initiative of the Association for International Arbitration (AIA) and supported by the European Commission. It is an intensive mediation training that purports to create mediators specialized in cross border mediation. This handbook is specially developed for "European Mediators" dealing with cross-border mediations in civil and commercial matters.

Author : Giuseppe De Palo,Mary B. Trevor
Publisher : OUP Oxford
Page : 653 pages
File Size : 42,6 Mb
Release : 2012-10-04
Category : Law
ISBN : 9780191636851

Get Book

EU Mediation Law and Practice by Giuseppe De Palo,Mary B. Trevor Pdf

A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.

Author : Carlos Esplugues,Louis Marquis
Publisher : Springer
Page : 762 pages
File Size : 50,5 Mb
Release : 2015-09-11
Category : Law
ISBN : 9783319181356

Get Book

New Developments in Civil and Commercial Mediation by Carlos Esplugues,Louis Marquis Pdf

By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Author : Nadja Alexander,Sabine Walsh,Martin Svatos
Publisher : Kluwer Law International B.V.
Page : 842 pages
File Size : 42,7 Mb
Release : 2017-03-15
Category : Law
ISBN : 9789041158673

Get Book

EU Mediation Law Handbook by Nadja Alexander,Sabine Walsh,Martin Svatos Pdf

Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Page : 128 pages
File Size : 43,6 Mb
Release : 2018-12-13
Category : Law
ISBN : 9780191669354

Get Book

Mediation by Klaus J. Hopt,Felix Steffek Pdf

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 48,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125712

Get Book

Global Trends in Mediation by Nadja Marie Alexander Pdf

In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.

Author : Catharine Titi,Katia Fach Gómez
Publisher : Oxford University Press
Page : 400 pages
File Size : 53,9 Mb
Release : 2019-07-30
Category : Law
ISBN : 9780192563002

Get Book

Mediation in International Commercial and Investment Disputes by Catharine Titi,Katia Fach Gómez Pdf

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Author : Association for International Arbitration
Publisher : Maklu
Page : 96 pages
File Size : 46,8 Mb
Release : 2008
Category : Law
ISBN : 9789046602423

Get Book

The New EU Directive on Mediation by Association for International Arbitration Pdf

This book is an introduction to the current and prospective European mediation practice after the recent issuing of the New Mediation Directive. It is the outcome of an international congress that was being held in October 2008, in Brussels. The book introduces the reader to the rise of the European pro-mediation idea and the characteristics of the New Mediation Directive, with the Directive itself being assessed more critically. It examines how the training of mediators - one of the key rules of the New Mediation Directive - should be implemented into the European education practice of mediators. It discusses the task and possibilities of judges to invite parties to participate in mediation. It also provides some comparative discussions of how European mediation can be improved by looking at some American mediation issues, and it demonstrates how far Chinese mediation perspectives can be reconciled with the current European mediation philosophy.