Business As Usual? Mediation and the Justice System (5/19/13) Charlie Irvine This article considers the under-use of mediation in the UK's second largest jurisdiction, Scotland. The article has three sections: a "myth buster" and two questions. The first examines three popular myths about mediation; the second addresses the question, "How does mediation add value to the justice system"; and the third presents the business case for lawyers, "Why does mediation make good business sense?"
ODR in Europe (5/18/13) Graham Ross, Marta Poblet This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online,
offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.
Survey Shows How Mediation can be Successful (4/08/13) Victoria Hall Clarks Legal LLP recently undertook a survey on workplace mediation. The survey looked at the use of mediation and what barriers there might be to the use of mediation as well as success rates and what if any further information or support might be required. 3 Comments
Liability of Counsel in International Arbitration: Any Changes? (3/29/13) Lisa Bench Nieuwveld A week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics in international arbitration. The conference successfully considered many key topics, including my topic, liability of counsel in international arbitrations. This topic, similar to my recent book topic (Kluwer Law International, Third-Party Funding in International Arbitration), is receiving a lot of attention with limited actual changes.
Online Dispute Resolution for Consumers (3/27/13) Pablo Cortés ODR in the consumer context refers to the use of ICT tools and methods (usually alternative to the court system) employed by businesses and consumers (B2C) to settle conflicts that arise out of economic transactions between the parties, particularly in e-commerce.
A New Scotland Can Be Built on Civil Discourse (3/22/13) John Sturrock Scotland is at a crossroads. As a nation, we face momentous choices. How we go about discussing them, and making them, may well determine how we work together in the future.
Establishing a Global ODR System for Cross-Border Online Transactions for the Sale of Goods (3/16/13) Vikki Rogers For the last couple of decades, Online Dispute Resolution (ODR) experts have been creating protocols, standards and agreements for the creation of ODR systems that could resolve low-value disputes that extend beyond regional borders. To the dismay of many in this community, these various efforts never manifested into a wide-spread program offering redress to parties engaged in cross-border commercial activity.
Mediation in Healthcare in European Union (3/07/13)
HOPE has recently published a report entitled Mediation in Healthcare, which presents the results of a survey aiming at comparing the scope and methodology of conflict resolution in the healthcare sector in the different EU Member States.
The EU Museum Mediators Project (video) (3/05/13)
Eva-Kaia Vabamäe reflects on her experience as a "Museum Mediators" course participant. Afterwards, the European dimensions and challenges arise in the difficult translation of the term "Museum Mediation" to Estonian.
Mandatory Mediation under Threat in Italy (11/05/12) Matthew Rushton Parallel with Italy’s supreme court (the Court of Cassation), the Constitutional Court is the highest court and there is no avenue of appeal. While some have interpreted the ruling as the end of mandatory mediation in Italy, others believe that it is too soon to judge.
Recognition of International Arbitration in Ukraine in Figures (10/26/12) Konstantin Pilikov Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not-entirely arbitration-friendly jurisdiction is “promoted” because of problematic enforcement of arbitral awards in Ukraine. However, in recent years the Ukrainian legal system demonstrated significant progress in adherence to the arbitration-friendly approach. 2 Comments
UN Guide for Effective Mediation - Video (10/23/12) United Nations With armed conflicts trending upward again and proving increasingly complex, the challenges are also mounting for mediators working to resolve them through negotiations. Newly developed guidance from the United Nations can help them to succeed, providing practical advice for navigating mediation processes effectively. This video describes the 8 UN fundamental guidelines.
Swiss Parliament Initiates Review Process of the Swiss Arbitration Law (10/12/12) Matthias Scherer On 27 September 2012, the Swiss Parliament adopted a motion that had been introduced earlier this year tasking the Government to prepare a report on the Swiss Arbitration Law (chapter 12 of the Federal Act on Private International Law (PILA)). The objective of the report is to further enhance the attractiveness of Switzerland as a place of arbitration.
Peace (10/12/12) Joe Markowitz However shaky the European Union is today, whatever its deficiencies, it still deserved the Nobel Peace Prize, for its contributions to peace over decades.
Mass Claims in The Netherlands (7/23/12) Colin Rule The Dutch ‘Class Action (Financial Settlement) Act [WCAM] came into operation in the Netherlands on 27 July 2005. This post describes the rules of mass claims.
European Parliament Evolves ADR (7/16/12) Colin Rule “The Committee on Internal Market and Consumer Protection voted this morning on Reports concerning the Alternative Dispute Resolution (ADR) and the Online Dispute Resolution (ODR). ODR is an alternative dispute resolution process aided by online technology. This can help solve disputes especially for online purchases, where the consumer and the trader are often located far from each other. The aim of these instruments is to ensure impartial, transparent and effective means which can help consumers resolve disputes with trades in the case of both cross-border and domestic e-commerce transactions, without going to court.
International Mediation Updates (5/15/12) Keith Seat Here is another in a series of updates on international mediation development by Keith Seat, Mediate.com Legal ADR News Editor.
Mediation or Meditation? (5/14/12) John Sturrock Much has been written about the human brain in recent times. Eolene reminded us that the brain has two components, the limbic brain, which developed as homo sapiens dealt with primitive conditions and learned the importance of fight or flight. Later, the neo-cortex, the more rational part of the brain, was formed. But the two were – and are – not united. Our emotions could still override logic, especially under pressure. We are not Mr. Spock.
U.K. Criticizes E.C.’s Proposals for Dispute Resolution for Consumers (4/24/12) Keith Seat
The U.K.’s Office of Fair Trading (OFT) has criticized the European Commission’s proposal for online dispute resolution of consumer disputes and proposed Directive on alternative dispute resolution (ADR) for consumer disputes. The OFT supports the goal of increasing ADR for consumers, but urges mandatory use of ADR in many consumer cases, so that companies don’t simply refuse to participate.
European Union Moving Toward Online Dispute Resolution for Consumers (3/12/12) Keith Seat
The European Commission has set forth a detailed proposal for online dispute resolution (ODR) of consumer disputes to provide better remedies in support of cross-border e-commerce. The ODR proposal is paired with a proposed Directive on alternative dispute resolution (ADR) for consumer disputes. Many ADR entities permit consumers to submit complaints online, but very few currently allow the entire resolution process to be handled online. Establishing ODR systems will encourage consumers to shop online across borders and permit sellers to reach broader markets. The proposal is to establish an EU-wide ODR platform accessible in all EU official languages that provides a single website for those seeking to resolve cross-border e-commerce disputes. A network of ODR facilitators will be established to provide support for the ODR platform. When a complaint is submitted, the consent of the other party will be sought and the dispute transmitted to an existing national ADR entity that will attempt to resolve the dispute within 30 days, possibly using ODR. The ADR entities will apply their own procedures and rules on cost. Confidentiality applies to the ODR process, and the ODR procedures will not deprive either consumers or sellers of their right to pursue matters in court. The timeline proposed shows adoption of the ODR Regulation and ADR Directive late in 2012, with development of the ODR platform to be completed by 2015.
EU Online Dispute Resolution for Consumer Disputes (2/15/12) European Commission At present, the offer of ADR schemes to resolve consumer disputes related to e-commerce transactions is scattered and incomplete. In addition, while half the existing ADR schemes offer consumers the possibility of submitting their complaint online, very few offer consumers the possibility of conducting the entire procedure online. Handling the entire process online would produce time savings and ease communication between the parties.
U.K. Trying Regional Workplace Mediation Networks (2/07/12) Keith Seat
The U.K. Government announced that it is establishing two regional mediation networks for small and medium size enterprises (SMEs) in a pilot program to reduce workplace disputes and the number of employment tribunal cases. The mediation networks will be in Cambridge and Manchester, with mediation training of employees at 24 SMEs, as smaller companies are often not aware of the benefits of mediation and rarely use it. Trained mediators will then be able to assist other organizations in their regional network. The government is seeking a provider for the first round of mediation training. The pilot program is part of the government’s reform of the employment tribunal system; in the last two years tribunal claims have risen to 218,000, an increase of 44 percent. The program will run 12 months and expand to other areas if successful.
Effective Use of Civil and Commercial Mediation in Poland: Part 2 (2/06/12) Sylwester Pieckowski Poland was one of the first EU Member States to enact a detailed and complete legislation on mediation in civil and commercial matters (“Polish Mediation Law”). The Law entered into force on December 10, 2005. This article discusses Polish mediation in civil matters.
Mediation Works, But Will it Play in Macedonia? (1/23/12) Michael Diliberto The article describes the status of mediation in the Republic of Macedonia and the cultural issues that affect whether or not the Macedonian judicial system should adopt compulsory mediation. The article also provides persuasive alternatives from other jurisdictions that are used to encourage mediation.
Mediation in Italy (Part 2) (12/12/11) Alessandro Bruni Alessandro Bruni discusses the status of mediation in Italy. This article, the second in a two-part series, examines specifically the consequences of a government-regulated approach to mediation.
Mediation in Italy (11/21/11) Alessandro Bruni Alessandro Bruno begins a series of articles describing the development of mediation in Italy and typical processes and approaches. 2 Comments
Coalition Blues (5/23/11) John Crawley I woke up this morning – got the coalition blues! It only took twelve months - For win/win - To become win / lose! Just about a year ago the unthinkable in British politics occurred – two opposing parties signed up to a five year coalition.
5/23:Research project analyses practice of mediation in two public hospitals in Valencian Community
The research project from the Universitat Jaume I de Castellón (Spain) analyses the practice of mediation in two public hospitals in the Valencian Community through cases that involved a team of mediators over two years. read
5/06:AU: The times are a changing – when it comes to selecting a mediator
The selection criteria for in-house counsel choosing mediators is 'a-changin'. A survey of in-house dispute resolution counsel from 76 arge international corporations focused on what criteria the counsel used when selecting a mediator. The results highlighted that almost half of the counsel who responded to the survey don't consider the legal expertise of the mediator as a relevant factor when selecting a mediator. The majority of respondents felt that the core area of expertise of the mediator was a more important factor. read
4/17:Czech Republic offers mediation in settlement of Nagorno Karabakh conflict
The Czech Republic proposes to play the role of mediator in the settlement of Nagorno Karabakh conflict: "The Czech Republic understands that this conflict is the biggest problem for Azerbaijan. This is a complicated conflict, therefore, the status quo is inadmissible. It is high time to drive the process from the deadlock.” read
4/09:Istanbul to host 2nd Conference on Mediation
The Second Istanbul Conference on Mediation under the auspices of Turkish Foreign Minister Ahmet Davutoglu will be held on April 11-12. read
4/08:Turkey: Mediation In Civil Disputes
The Law regulates mediation in Turkish law for the first time. Article 1 of the Law stipulates that mediation shall be applied only in the resolution of private law conflicts, including those having a foreign element, arising from acts or transactions of interested parties who have the capacity to settle such conflicts. read
4/01:US in the role of missile mediator
The United States has quietly taken on the huge task of trying to organize regional ballistic missile defense networks, not only among NATO countries but also among nations in East Asia and the Middle East. read
3/25:Turkey: Peer mediation aims to minimize school violence
A peer mediation system, introduced in 50 schools in the Aegean province of Izmir seven years ago, will soon be introduced to several schools in Istanbul because it has been seen as a successful method to reduce the number of school fights significantly through the aid of student mediators who help resolve disputes between pupils who are at odds with one another. read
2/22:Fathers promised more mediation after French crane custody protest
A father who had spent more than 3 days and nights perched on a crane, ended his protest after French ministers met with Fathers' rights groups. read
2/11:Call for Mackerel Mediator Backed in Parliament
SCOTLAND, UK - Backing from the First Minister for a mediator to resolve the ongoing dispute on mackerel fishing with Iceland and the Faroe Islands has been welcomed by a Highlands MSP. read
2/04:Rapists to face victims via a mediator in Romania
The victims and perpetrators of sexual violence in Romania will be referred to a social mediator, as of 1 February. The victim and aggressor will be invited to meet face-to-face, giving the aggressor the chance to admit or deny guilt, while the victim has the opportunity to ask for appropriate compensation, either monetary or a verbal pledge. read
