ISBN : 9780199660988
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
Appendices
Comparative Table of Mediation Laws
English Translations of Mediation Laws