Family Law

Sep 29, 2018, 22:46 PM

Consultation, EU Mediation Directive, alternative dispute resolution, adr, arbitration, david hodson

The EU is conducting a periodic review of the operation of the EU Mediation Directive which encourages mediation in member states, training and standards and recommendations for more use of mediation.

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Date : Dec 2, 2015, 03:15 AM

Article ID : 111069

Calling all mediators and arbitrators. The EU is conducting a periodic review of the operation of the EU Mediation Directive which encourages mediation in Member States, training and standards and recommendations for more use of mediation.

Crucially this is not just international ADR - the Directive informs, encourages and shapes Member States in their approach to ADR which is why we English practitioners need to be fully engaged.

One issue is lis pendens of Brussels ll and its conflict with encouragement to ADR in advance of issuing. Another is the proposal to expand to include explicit references to all ADR, not just mediation. Further issues includes how far one can go in making ADR a compulsory process and what more is needed for joined up standards and training and quality around Europe 

It is an excellent opportunity for us to influence the future of mediation in the EU.
At the very least I consider it should be expanded beyond mediation to all forms of dispute resolution including arbitration.

Closing date is 11 December 2015 and details can be found here.

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• David Hodson OBE MCIArb

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