International Mediation Developments – November 2013

Here is another in a series of articles on International Mediation Developments by Mediate.com News Editor, Keith Seat.

After a successful two-year pilot, HM Revenue & Customs is now using a form of mediation in which HMRC facilitators work to resolve tax disputes with individuals and small and medium enterprises throughout the U.K.; the HMRC facilitators are specially trained and must not have been involved previously in the dispute.  Out-Law.com (September 6, 2013)

A U.K. Court of Appeal affirmed the denial of costs to a party which simply failed to respond to requests for mediation, even if refusing mediation might have been justified.  Lexology (October 24, 2013); PGF II SA v. OMFS Co. 1 Ltd., [2013] EWCA Civ 1288 (October 23, 2013)

A U.K. mediation service with 25 Queen’s Counsel has been established with big names in sports law.  LawInSport (September 13, 2013)

The Guernsey Bar has launched a website explaining and encouraging mediation for the islanders.  Guernsey Isle News (September 5, 2013); Website

Legislative proposals have been introduced in the Netherlands to require mediators to be qualified and registered and to incorporate mediation into Dutch civil and administrative law.  Mondaq (October 14, 2013)

A thousand traditional rulers in the state of Jigawa in central northern Nigeria have been trained in alternative dispute resolution.  Premium Times (October 21, 2013)

Long-awaited mediation legislation took effect in Turkey in June, along with implementing regulations; among many other things, mediators are required to be Turkish citizens and can be imprisoned for violating confidentiality requirements.  Mondaq (October 8, 2013)

The Ministry of Labor in Saudi Arabia is relying on mediation as the first step of a new mechanism for resolving workplace disputes.  Saudi Gazette (September 15, 2013)

A mediation conference in Dubai, United Arab Emirates, is being hosted by the International Chamber of Commerce and the International Bar Association; the ICC will unveil new mediation rules in December, which will be published in Arabic among other languages.  4-traders (September 26, 2013)

Twenty-four judges in India attended a six-day workshop to learn how to encourage mediation to resolve long-pending cases.  Hindustan Times (October 6, 2013)

While Bangladesh enacted legislation requiring mandatory mediation in 2012, implementation of the law awaits a trained pool of mediators; 22 received mediation training in September.  Financial Express (October 3, 2013); Financial Express Bangladesh (September 6, 2013)

The Law Minister of Singapore said it will build up mediation capabilities, focusing on international commercial disputes.  Channel News Asia (October 30, 2013)

Hong Kong has been ramping up mediation programs and has trained thousands of mediators, but the expected demand for mediation has been slow to develop.  South China Morning Post (October 8, 2013)

                       

Keith Seat

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… MORE >