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EU Mediation Section



Archived Content: EU

EU Mediation Articles




Harvesting Data to Shape the Future of International Dispute Resolution (9/22/14)
Deborah Masucci, Michael Leathes
Among the early words of wisdom expressed by Sherlock Holmes was this classic line: "I never guess. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories, instead of theories to suit facts." And so it is with dispute resolution. There is a paucity of reliable statistics out there to enable users of dispute resolution services, as well as advisers, providers, educators, adjudicators and policymakers, to understand how best to prepare and steer ourselves for the future.

John Sturrock
Collaborative Scotland (6/06/14)
John Sturrock
Scotland is having a referendum on its constitutional future. As I write this, it is only a few months until we vote. Whatever the outcome in September’s referendum about independence for Scotland, in this country we will all need to work hard to ensure that we can live well together after the referendum.

Jim Melamed
Why Mediate.com? (4/02/14)
Jim Melamed
After 18 years as CEO of Mediate.com, I know the answer to "Why Mediate.com?" Our purpose from the beginning has been to both reflect and drive the development of valuable mediation services on a global scale.

Keith Seat
International Mediation Developments (3/30/14)
Keith Seat
This is another in a series of articles by Keith Seat, Mediate.com News Editor, regarding international mediation developments. Also be sure to see www.mediate.com/International.

Mediate.com ZZZZZ
Mediate is Top Ranked Mediation Website (2/04/14)
Mediate.com
Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.

John Sturrock
Scotland Can Provide Secure Forum for Global Disputes (12/06/13)
John Sturrock
This is a difficult time for the world as we face serious tensions in the Middle East. Thirty years ago, the situation was similar. On 1 September that year, fighter jets from the Soviet Union shot down a South Korean jumbo jet near Sakhalin Island, in the Sea of Japan, killing all 269 people on board. The Cold War was at a peak. Relations between East and West were at a low ebb.

Cynthia Alkon
An Unfortunate Proposal to Encourage Plea Bargaining Early and Often (11/04/13)
Cynthia Alkon
The UK Ministry of Justice is proposing to save £220 million (approximately $351 million) by paying lawyers so that they will receive more money if they plead their clients guilty early in their criminal case, rather than waiting longer or going to trial.

John Sturrock
Building Better Business Cultures (10/03/13)
John Sturrock
A culture shift from conflict to collaboration is taking place, leading mediators believe, in handling difficult situations and disputes, not only in business but in many aspects of public life – a development which presents fresh challenges to the legal profession.


Mediation Demonstration - Video (7/13/13)
This full-length role-play mediation video, with explanations, was produced by O'Sullivan Solutions in February, 2013. This mediation role-play was demonstrated live in front of the faculty of law at Griffith College, Cork.

Richard Birke
Italy Has a “Man of Mediation” Running the Country (6/03/13)
Richard Birke
Italy boasts some of the finest wine, clothes, art, food and cars in the world. It is an amazing country with attributes that have made it a top-notch tourist destination.

Charlie Irvine
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.

Keith Seat
International Mediation Developments - May 2013 (5/16/13)
Keith Seat
This is another in a series of articles on international mediation and ADR updates from Mediate.com News Editor, Keith Seat.

Colin Rule
New EU Online Dispute Resolution Regulations (5/09/13)
Colin Rule
Here is the final text of the new European Union Online Dispute Resolution (ODR) regulations for transborder consumer transactions - Great reading for anyone excited about ODR.

Victoria Hall
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.

Pablo Cortés
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.

John Sturrock
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.

Vikki Rogers
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.

Matthew Rushton
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.

Konstantin Pilikov
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

United Nations ZZZZZ
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.

Matthias Scherer
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.

Joe Markowitz
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.

Colin Rule
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.

Colin Rule
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.

Keith Seat
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.

John Sturrock
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)

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.

Shoo Smiths.co.uk (April 2, 2012)


European Union Moving Toward Online Dispute Resolution for Consumers (3/12/12)

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.

Mediation World (February 11, 2012)

European Commission
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)

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.

People Management Magazine Online (January 23, 2012); eGov Monitor (January 24, 2012)

Sylwester Pieckowski
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.

Michael Diliberto
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.

Sylwester Pieckowski
Effective Use of Civil and Commercial Mediation in Poland: Part 1 (12/27/11)
Sylwester Pieckowski
This article is part one in a two-part series about effectively using mediation in civil and commercial disputes in Poland. This discusses the present laws and norms in mediation and what are the plans for the future.

Caitriona Heffernan
Mediation in Ireland: Current Trends, Future Opportunities: Part 1 (12/19/11)
Caitriona Heffernan
In this two part series, Caitriona discusses mediation in a variety of settings in Ireland. In this section she examines the judicial system, collective disputes, conciliation, construction, and health care disputes.

Alessandro Bruni
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.

Alessandro Bruni
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

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EU News

12/10: Pilots call for wider mediation in dispute with Lufthansa

Pilots at Lufthansa have called for mediation to cover all areas of their dispute with the German airline's management, not only the early retirement row that has resulted in 10 strikes this year. Lufthansa offered last week to enter mediation to resolve the long-running dispute over early retirement benefits, seeking to halt the pummeling it was taking from repeated industrial action. The company estimated this week that labour strikes this year have cost it close to 200 million euros ($247.5 million) in operating profit. read


12/10: The Art of Dialogue in Conflict Resolution: Mediation in Italy

ROME, Italy—Prevention is better than a cure: that is just common sense. If applied in the field of justice, the slogan could prove once again to be right: the mediation instrument resolves conflicts before they go in front of a judge. Italy is a quarrelsome country, and the engulfed courtrooms are a proof. The European Commission has recently pointed out some serious shortcomings: Italy has the highest number of pending cases in relation to the population – 7 per 100 inhabitants, which means 9 million unresolved cases. Also, it takes more than 500 days to get a civil judgment at first degree (World Bank doubles this number), three times longer than France and Germany, which rank as the best in Europe. “In recent years we have seen how a culture of conflict has spread, rather than one of peaceful confrontation,” says attorney Irene Gionfriddo, spokesman for the Italian Forum of Ombudsmen, a non-profit organization that links a network of lawyers with private companies. read


10/21: Russia-Ukraine-EU talks to conclude interim deal on Russian gas start in Brussels

Russia and Ukraine with the mediation of the European Union launched talks in the trilateral format in Brussels on conclusion of an interim agreement on Russian natural gas supplies, Olga Golant, a spokeswoman for the Russian energy minister, said on Tuesday. Russia and Ukraine met for gas talks on Tuesday to discuss the issue of Ukraine’s gas debt repayment and natural gas supplies to Europe in winter. The EU is seeking guarantees for stable gas supplies in winter. Otherwise, Ukraine may siphon off Russia’s Europe-bound natural gas. Russia also wants to ensure stable gas supplies to European consumers and recover a $5.3 billion debt from Ukraine, which acknowledges only a debt of $3.1 billion. read


9/03: Future of 4 Valleys Remains Uncertain

The question of whether the 4 Valleys will or will not be operational for the coming ski season remains uncertain. The operators on two sides of the giant ski area, one of the world’s five largest, have so far failed to reach agreement on a way forward, with the key to their disagreement being revenue share, and mediation has so far not worked. “The agreement that ensured a smooth connection for skiers between the various ski areas of the 4Vallées (Verbier, Nendaz, Veysonnaz and Thyon) was terminated by Téléveysonnaz as per 30 June 2014." read


6/17: Norwegian Oil Industry Faces Mediation to Avoid Output Halt

Norwegian oil workers and employers will start mediation talks tomorrow to bridge differences and avoid a strike that threatens to halt about 115,000 barrels of oil a day. The mediation deadline is set for midnight tomorrow and involves two unions that broke off wage talks last month over pensions, according to the parties involved. Talks frequently run beyond the deadline. “We naturally hope for a solution,” Sverre Simen Hov, a spokesman for the Norwegian Organization of Managers and Executives, said by phone on June 13. It’s “very difficult” to predict the outcome, he said. read


6/10: Donetsk People's Republic ready for talks with Ukraine with Russia's mediation

Donetsk People's Republic is ready to have negotiations with Ukraine, but only with Russia's mediation, Denis Pushilin, chairman of the Supreme Council of the Donetsk People's Republic, said. read


6/05: Crimea Calls for International Mediation, Peaceful Conflict Resolution in Ukraine

SIMFEROPOL, June 2 (RIA Novosti) — Crimea's state council called on Ukrainian authorities Wednesday to stop bloodshed immediately in the southeast of Ukraine, withdraw armed forces from the hostile regions, and involve international intermediaries, including Russian, to settle the conflict in the country. "The State Council of the Republic of Crimea declares: only immediate cease of bloodshed, the withdrawal of armed forces from the regions of military action, and involvement of international mediators, including from the Russian Federation, for peaceful settlement of the conflict may become the starting point for the stabilization of the situation in the south-east of Ukraine," said in the local parliament statement, which was approved by 79 out of the present 80 lawmakers. read


5/27: Germany Mulls Arbitration for Web 'Right to Be Forgotten'

The German government is considering setting up arbitration courts to weigh in on what information people can force Google Inc. and other search-engine providers to remove from results. Following a European Union court decision this month granting consumers the “right to be forgotten,” the Interior Ministry in Berlin would seek to establish “dispute-settlement mechanisms” for consumers who file so-called take-down requests. If search providers introduce automatic deletion, public information would be at risk, the ministry said. “Politicians, prominent figures and other persons who are reported about in public would be able to hide or even delete reports they find unpleasant,” it said in a statement. The ministry suggested that the removal of information shouldn’t be left to company algorithms. read


5/27: Breakthrough declared by EU mediator in Russia – Ukraine gas dispute

There are reports of some progress in the dispute between Russia and Ukraine over gas prices which has been a further source of tension between the two countries. During talks in Berlin, the two governments are said to be considering payment by Ukraine of $2 billion of back debt by Thursday with a further $500 million to be paid in June. Russia’s Energy Minister Alexander Novak appeared up-beat about the proposal: “Our side is prepared, when we receive the payments, to continue negotiations until Friday about prices for future supplies to the Ukrainian site..” read


5/15: EU ministers launch European Institute for Peace

EU foreign affairs ministers launched a new institution on Monday called European Institute for Peace, an initiative that aims to contribute to the global peace agenda of Europe. 9 European countries have committed to fund the first 3 years of the Institute's life. According to the members, recent developments in Ukraine have shown the need for Europe to do more to build peace. 'The European Institute of Peace has the main objective to complement the global peace agenda of Europe and of the EU through operational mediation and informal dialogue with state and non state actors.' said Executive Director of EIP Staffan De Mistura. read


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