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EU Mediation Law Handbook: Regulatory Robustness Ratings for Mediation Regimes

EU Mediation Law Handbook: Regulatory Robustness Ratings for Mediation Regimes

Author: Nadja Alexander; Sabine Walsh; Martin Svatos
Publisher: Kluwer Law International
ISBN: 9789041158598
Published In: June 2017
Format: Hardback , 840 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

EU Mediation Law Handbook 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. Mediation is rapidly becoming a norm in cross-border dispute resolution among 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 of mediation in each Member State on a chapter-by-chapter basis. Each country analysis is based on the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in the introductory chapter.

What’s in this book:

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 a mediation session 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 examination clearly allows users and other regulatory stakeholders to look closely and critically at mediation regulatory regimes in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation.

How this will help you:

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, this book has no peers, and furthermore, it assists the alternative dispute resolution community in Europe and beyond, in selecting the most appropriate regulatory jurisdiction for a cross-border mediation.

Features

The first book to offer the Regulatory Robustness Rating for mediation – an analytical tool for evaluatingmediation regulation in different regimes.
Thorough and accurate guidance on mediation law regulation in every single EU jurisdiction.
All chapters analyse the national regulatory frameworks for mediation in terms of:
- How mediation processes are triggered
- the internal mediation process
- the rights and obligations of participants in mediation
- the credentialing of professional mediators.

Benefits

Will assist practitioners in selecting the most appropriate regulatory jurisdiction for a cross border mediation
Comprehensive treatment of all key aspects of regulation of mediation in a format which permits easy comparison between jurisdictions.
An essential handbook for mediators, legal professionals and judges.

Editors

Contributors

Foreword

Preface

CHAPTER 1 Introducing Regulatory Robustness Ratings for Mediation Regimes in the EU

Nadja Alexander

CHAPTER 2 Austria

Christina Lenz & Martin Risak

CHAPTER 3 Belgium

Johan Billiet & Dilyara Nigmatullina

CHAPTER 4 Bulgaria

Evgeni Georgiev

CHAPTER 5 Croatia

Boris Jukic & Anamarija Milanovic´

CHAPTER 6 Cyprus

Victoria – Zoi Papagiannis & George Mountis

CHAPTER 7 The Czech Republic

Martin Svatos

CHAPTER 8 Denmark

Louise Lerche-Gredal

CHAPTER 9 England and Wales

Bill Marsh, Alexander Oddy & Jan O’Neill

CHAPTER 10 Estonia

Maria Pihlak

CHAPTER 11 Finland

Petra Hietanen-Kunwald

CHAPTER 12 France

Delphine Wietek

CHAPTER 13 Germany

Kristina Osswald & Gustav Flecke-Giammarco

CHAPTER 14 Greece

Apostolos Anthimos

CHAPTER 15 Hungary

Manuela Renáta Grosu

CHAPTER 16 Ireland

Sabine Walsh

CHAPTER 17 Italy

Carlo Mastellone & Laura Ristori

CHAPTER 18 Latvia

Dana Rone

CHAPTER 19 Lithuania

Virgilijus Valancius

CHAPTER 20 Luxembourg

Jan Kayser

CHAPTER 21 Malta

Adrian Delia & Michael Muscat

CHAPTER 22 The Netherlands

Machteld Pel

CHAPTER 23 Northern Ireland

Brian Speers

CHAPTER 24 Poland

Rafal Morek

CHAPTER 25 Portugal

Miguel Cancella d’Abreu & Sabine Walsh

CHAPTER 26 Romania

Constantin Adi Gavrila & Sanda Elena Lungu

CHAPTER 27 Scotland

Charlie Irvine

CHAPTER 28 Slovak Republic

Alexandra Kapišovská, František Kutlik & Tatiana Hambalkova

CHAPTER 29 Slovenia

Aleš Zalar

CHAPTER 30 Spain

Mercedes Tarrazón & Marian Gili Saldaña

CHAPTER 31 Sweden

Bengt Lindell

Nadja Alexander is an award winning author and educator, a conflict intervention professional, and an adviser on mediation policy to international bodies and national governments.

Nadja is Academic Director of the Singapore International Dispute Resolution Academy and Visiting Professor of Law at Singapore Management University. Her work has appeared in the English, German, French, Arabic, Russian and Chinese languages.

Nadja has worked in conflict resolution settings in more than 30 countries across Africa, Asia, Europe, the Americas and Oceania. She sits on mediation panels in Singapore, Hong Kong and Australia and is a board member of the Singapore International Mediation Institute and Vice-Chair of the IBA Mediation Committee.

Nadja holds concurrent appointments as Honorary Professor of Law at The University of Queensland, Australia, and Senior Fellow of the Dispute Resolution Institute at Mitchell-Hamline School of Law in the United States. She was previously a Humboldt Fellow at the Max Planck Institute in Germany.

Sabine is a practising mediator and academic specialising in cross border mediation. She has primary and Masters degrees in law, is a qualified lawyer and advanced member of the Mediators’ Institute of Ireland. She has additional qualifications in cross border mediation and online mediation. She practices mediation and leads innovative postgraduate courses in mediation and conflict management at St. Angela’s College, National University of Ireland. She is co-founder of the Prague Summer Mediation Academy at the Charles University Prague.Her interest in cross-border mediation stems from her bi-national, Irish-German background. She is currently serving as President of the Mediators’ Institute of Ireland. She provides mediation education, training and consultancy for State and private agencies and is a regular presenter and national and international mediation conferences.

Martin is mediator and arbitrator based in Prague, Czech Republic. He has been involved in more than 100 mediation cases both domestic and international. In addition to his rich dispute resolution practice, he teaches at the Charles University in Prague and several other universities all around the globe. He also acts as legal expert of the Czech delegation to the UNCITRAL WG II and as President of the Working group of the ICC Czech Republic for Mediation.

Martin has acted in several ad hoc and institutional arbitrations both as an arbitrator and external legal counsel. He is listed by the VIAC and by the Arbitration court of the Football Association of the Czech Republic. He publishes and gives speeches at international conferences on regular basis (the UIA World Forum of Mediation Centers, the IBA Annual Conference, the German Arbitration Institute Annual Conference, the Conference of the Mediators’ Institute of Ireland (Dublin) and YIAG conferences (Istanbul, Warsaw).