header-logo header-logo

Mediation: upping the tempo

03 July 2008 / Steven Friel
Issue: 7328 / Categories: Features , Mediation , ADR
printer mail-detail

Political and judicial support for mediation is increasing, says Steven Friel

The political and judicial arguments in favour of mediation as a preferred form of dispute resolution have been recently strengthened. On the political level, the EU has approved a new Mediation Directive (Directive 2008/52/EC) to encourage the use of mediation in cross-border disputes. This Directive has been supported throughout by the British government, which has indicated that it welcomes the final version. As to the judiciary, Sir Anthony Clarke MR, on 8 May 2008 gave a speech in which he called for mediation to become an integral part of our litigation culture, going so far as to support the notion of compulsory mediation in certain cases.

As long ago as October 1999, the heads of state or government of the EU member states called for the creation across Europe of alternative, extrajudicial procedures for dispute resolution to improve access to justice at the European level. Following a 2002 green paper on the subject, two initiatives were agreed. The first, a European Code

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll