EU Mediation Law and Practice

Author: Giuseppe De Palo; Mary B. Trevor
Publisher: Oxford University Press
ISBN: 9780199660988
Published In: October 2012
Format: Hardback , 656 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Guides the reader through important Mediation Directive legislation, with commentary written by practicing experts and edited by the President of ADR Center and an experienced Professor at Hamline University School of Law
Aids comparative understanding and cross-border practice with country-by-country coverage of 27 European countries
Includes English translations of each country's mediation laws and a Comparative Table of mediation laws which collectively reveal significant variations in the Directives implementation
Answers the urgent demand for reliable and current information for practitoners , mediators, businesses, mediation service providers (both within and outside the EU), businesses providing mediation training, educators and academics, and policymakers.
Foreword by Viviane Reding, Vice President of the European Commission

A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation.

The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information.

The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary.

A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions.

Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.

Readership: Judges, solicitors, barristers, mediators, business leaders, consultants, policy makers, and legislators in Europe, as well as practitioners around the world with an interest in mediation in Europe.

1: Introduction: Giuseppe De Palo and Mary B. Trevor
2: Austria: Giuseppe De Palo, Mary B. Trevor, and Lauren R. Keller
3: Belgium: Ivan Verousgstraete
4: Bulgaria: Sevdalina Aleksandrova
5: Czech Republic: Bie Heyninck
6: Cyprus: Agis Georgiades
7: Denmark: Mogens Flagstad, Tina Monberg, and Claus Kaare Pedersen
8: Estonia: Carri Ginter
9: Finland: Petri Taivalkoski
10: France: Jean-Georges Betto and Adrien Canivet
11: Germany: Sabine Koenig
12: Greece: Apostolos Anthimos
13: Hungary: Gergely Laszlo and Zsolt Okanyi
14: Ireland, Republic of: Nicola White
15: Italy: Giuseppe De Palo, Mary B. Trevor, and Lauren R. Keller
16: Latvia: Sandis Bertaitis, Rada Matjusina, and Irina Olevska
17: Lithuania: Virgilijus Valan?ius
18: Luxembourg: Giuseppe De Palo, Mary B. Trevor, and Lauren R. Keller
19: Malta: Giuseppe De Palo, Mary B. Trevor, and Lauren R. Keller
20: Poland: Ewa Gmurzynska and Rafal Morek
21: Portugal Gaultier: Ana Maria Maia Gonçalves and Thomas
22: Romania: Constantin-Adi Gavril and Anca-Elisabeta Ciuca
23: Slovenia: Bojana Jovin-Hrastnik
24: Spain: Antonio Sanchez-Pedreno
25: Sweden: Erik Ficks
26: Slovakia: Franti ek Kutlìk
27: United Kingdom: Andrew Hildebrand
28: The Netherlands: Pim Albers
Appendices
Comparative Table of Mediation Laws
English Translations of Mediation Laws

Edited by Giuseppe De Palo, President, ADR Center, a Member of JAMS International, Professor of ADR Law and Practice, Hamline University School of Law, Minnesota, and Mary B. Trevor, Director of Legal Research and Writing Department, Hamline University School of Law, Minnesota

Professor Giuseppe De Palo is Hamline University School of Law's first International Professor of ADR Law & Practice, and a Senior Fellow at the Dispute Resolution Institute. He is President of Rome-based ADR Center SpA, a Member of JAMS International and Italy's oldest and largest private provider of commercial mediation services, and a mediator of major international business disputes. He is a member of the CPR Panel of International Distinguished Neutrals, the Board of Editorial Advisors of Harvard Law School's Negotiation Journal, and of the International Committee of the ABA, Dispute Resolution Section. He has published widely in the field of Alternative Dispute Resolution (ADR), teaches courses around the world, and is a frequent conference speaker and organizer.

Professor Mary B. Trevor started her career in law as a business litigator at Leonard, Street and Deinard in Minneapolis, Minnesota. After leaving practice, she taught Legal Research and Writing at the University of Minnesota and at William Mitchell College of Law. She also was a Legal Writing Tutor at William Mitchell, served as an Academic Success Tutor at Hamline University School of Law, and taught Civil Litigation and Trial Practice at the Minnesota Legal Assistant Institute. Her experience includes numerous books and articles, several about the use of ADR in international business transactions.

Contributors:
Ivan Verougstraete
Sevdalina Aleksandrova
Agis Georgiades
Bei Heyninck
Mogens Flagstad
Tina Monberg
Claus Kaare Pedersen
Carri Ginter
Petri Taivalkoski
Jean-Georges Betto
Adrien Canivet
Sabine Koenig
Apostolos Anthimos
Gergely Laszlo
Zsolt Okanyi
Nicola White
Sandis Bertaitis
Rada Matjusina
Irina Olevska
Virgilius Valancius
Ewa Gmurzynska
Rafal Morek
Ana Maria Maia Gonçalves
Thomas Gaultier
Constantin-Adi Gavril
Anca-Elisabeta Ciuca
Frantisek Kutlìk
Bojana Jovin-Hrastnik
Antonio Sanchez-Pedreño
Erik Ficks
Pim Albers
Andrew Hildebrand
Lauren R. Keller