International Mediation Updates
|
September 2011 |
International Mediation Developments
Here is another in a series of updates on international mediation developments from Mediate.com News Editor, Keith Seat.
- Ireland’s first dedicated dispute resolution center has opened in Cork, with the head of the Commercial Court emphasizing the benefits of mediation and the importance of litigation being the last resort. RTE News (July 8, 2011); Irish Times.com (July 9, 2011)
- Mediation is an important alternative for intellectual property disputes in the United Kingdom and elsewhere, as highlighted by EU Mediation Directive 2008/52/EC which was implemented by the U.K. earlier this year for cross-border disputes. In time, the U.K. may extend the new mediation provisions to cover disputes arising solely within the U.K. Who’s Who Legal (July 2011)
- The European Commission began proceedings against nine EU members – Cyprus, Czech Republic, Finland, France, Luxembourg, the Netherlands, Slovakia, Spain and the United Kingdom – that have not met the deadline for incorporating Directive 2008/52/EC relating to civil and commercial mediation into their national laws. The Directive took effect on May 21, 2011. Europolitics (July 22, 2011)
- Switzerland has committed $3.2 million to assist Egypt with growth and job creation through a three-year program focused on dispute resolution and a new culture of commercial mediation, along with two other key business issues. Ahram Online (August 21, 2011)
- The Justice Ministry of Sri Lanka announced that a new position of Master will be created in the judicial system to mediate all civil disputes valued at ten million rupees (approximately $90,000) or less, to help address a backlog of cases. In larger cases mediation is not mandatory, but parties can agree to mediation by the Master. Daily Mirror.lk (July 7, 2011)
- Fifty additional mediators are being added to the 90 in place at the Nonthaburi Provincial Court in Thailand due to an increase in medical malpractice complaints. The Office of the Courts of Justice is encouraging courts throughout Thailand to use mediation to resolve as many cases as possible. Bangkok Post (July 17, 2011)
- Australia’s Civil Dispute Resolution Act, requiring alternative dispute resolution or another genuine step to try to resolve the dispute before commencing litigation (with various exceptions), takes effect on August 1, 2011. Mondaq.com (July 15, 2011); Australian Government ComLaw (April 14, 2011)
- Legislation is moving forward in Victoria, Australia, to require banks to offer mediation to farmers in financial difficulty; farmers in Tasmania would like to see the legislation adopted there as well, although a banker claims mediation is already occurring there. Similar legislation has been in place in New South Wales for 17 years, where there has been a recent spike in mediation notices. ABC.net.au (July 29, 2011); ABC Rural (July 21, 2011); The Land (July 20, 2011)
- The Fiji Mediation Unit of the Ministry of Labor boasts a settlement rate of over 80% and has resolved over 1,800 cases since the unit began in 2008, exceeding even the settlement rate in Singapore. Fiji has become the first country in the south Pacific to become a member of the Asian Mediation Association. FBCL (July 24, 2011); Fiji Times Online (August 5, 2011)
- Legislation introduced in Mexico on fair business practices includes mediation provisions and penalties for noncompliance that have raised some concerns. International Law Office (July 28, 2011)
Biography
Keith L. Seat is a full-time mediator and arbitrator who can effectively assist parties in resolving a wide range of telecommunications, antitrust and other commercial disputes. With over twenty years of legal experience as a mediator, arbitrator, litigator, advocate before executive branch agencies, and key staffer in the legislative and judicial branches, Mr. Seat brings a wealth of experience to his work as a mediator and arbitrator to help parties reach successful resolutions of complex disputes.
Mr. Seat began his legal career in a federal clerkship with U.S. District Judge William H. Becker, and then litigated antitrust and commercial disputes for many years at a major Washington law firm, Howrey, Simon, Arnold & White, where he first worked on telecom and technology issues. In 1993, Mr. Seat was named General Counsel of the Antitrust, Business Rights and Competition Subcommittee of the U.S. Senate Judiciary Committee, where he served for four years, playing a significant role in the enactment of the Telecommunications Act of 1996. Returning to the private sector in 1997, Mr. Seat rounded out his experience with a senior in-house counsel position at MCI, one of the nation’s largest telecommunications firms. At MCI, he gained a first-hand appreciation for the important perspective brought to issues and disputes by in-house decision-makers. Mr. Seat also deepened his knowledge of telecom issues and gained experience addressing competition-related issues in the corporate setting, as well as helping resolve disputes among large organizations.
Comments
| Free subscription to comments on this article | Add Brief Comment |