EU Mediation Law and Practice

ISBN : 9780199660988

Giuseppe De Palo; Mary B. Trevor
656 ページ
190 x 258 mm

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.


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


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.