Hardcover

EU Mediation Law Handbook: Regulatory Robustness Ratings for Mediation Regimes

EU Mediation Law Handbook: Regulatory Robustness Ratings for Mediation Regimes

EU Mediation Law Handbook: Regulatory Robustness Ratings for Mediation Regimes

Contributor(s)
Edited by Nadja Alexander, Sabine Walsh, Martin Svatos
Publish Date
05/23/2017
Product Line
Kluwer Law International
Available formats

Details

Global Trends in Dispute Resolution Series Volume 7

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.

ISBN: 9789041158598
Pages: 840
SKU: 9041158596
ETA: Available: Item ships in 3-5 Business Days

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     

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.

Contributor(s)

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).

$215.00