This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. Presenting recently the results of the study on ‘Rebooting’ the Mediation Directive, Giuseppe de Palo talked about the “European Union mediation paradox” – the existence of a “highly acclaimed, efficient, effective process that very few people use”, in his own words – and the need…

On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre for ADR, “there’s no earth-shaking new change to the rules”. At the global launch event last Wednesday, ‘simple’ and ‘flexible’…

So, dear Readers, This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore. On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial…

The Law No. 29/2013, which entered into force on 20 May 2013, lays down the general principles applicable to mediation in Portugal. There are many reasons to believe that mediation could develop faster than before on the Europe’s West Coast. Fans of fado (a distinctly Portuguese music genre, well known for its artistic refinement and…

The European Parliament has adopted two key legislative measures regarding ADR for consumer disputes. The first Resolution deals with the proposed Directive on alternative dispute resolution (amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC) and the second Resolution deals with the proposed Regulation on online dispute resolution (ODR). Both acts adopted on March 12, 2013,…

In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…

In June 2012 the Hong Kong Legislative Council passed the Mediation Ordinance (MO), the first piece of legislation on mediation in Hong Kong SAR. The MO was a much awaited and highly anticipated law and some mediation advocates have been disappointed in what they see as much ado about nothing. After all the MO appears…

Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…

(Foreign) investor – (host) State disputes are for many reasons an intriguing and fast developing part of legal and dispute resolution practice. Since the late 1990s, the number of such disputes has increased sharply: In 1997, 19 known cases were brought against states. By 2007, there were over 250 known cases, and more than 450…

Over the past few weeks I have been following a discussion on LinkedIn around mediator certification which has been going on non-stop for no less than four months. The question of whether the regulation of mediators is good, bad or indifferent seems to go straight to the heart of issues surrounding our identity as mediators…