AIA Conference
The new EU Directive on Mediation - First Insights
This conference discussed the key provisions of the directive and contributed a wealth of information on this new directive. Speakers dealt with the current and prospective European mediation practice in the light of the new directive..
Planning:
Date: October 17, 2008
Place: Brussels
Subjects:
The five key provisions in the directive include; (1) an obligation for Member States to encourage the training of mediators and the development and adherence to voluntary codes of conduct; (2) gives every judge in the Community discretion to invite the parties’ - at any stage of the proceeding - to participate in mediation; (3) obligates Member States to provide a mechanism to enforce written agreements resulting from mediation; (4) provides that information given or submissions made by a party during mediation are confidential and cannot be used against that party in subsequent judicial proceedings; and (5) contains a limitation and prescription periods provision, which ensures that a party will not be prevented from access to court as a result of the time spent in mediation
The five key provisions in the directive include; (1) an obligation for Member States to encourage the training of mediators and the development and adherence to voluntary codes of conduct; (2) gives every judge in the Community discretion to invite the parties’ - at any stage of the proceeding - to participate in mediation; (3) obligates Member States to provide a mechanism to enforce written agreements resulting from mediation; (4) provides that information given or submissions made by a party during mediation are confidential and cannot be used against that party in subsequent judicial proceedings; and (5) contains a limitation and prescription periods provision, which ensures that a party will not be prevented from access to court as a result of the time spent in mediation
Speakers:
Ivan Verougstraete
President of GEMME
William E O'Brian Jr.
Associate Professor of Law, Director International Economic Law Masters Program University of Warwick
Subject:
The New EU directive on mediation in the light of American Mediation.
The presentation can be downloaded here Markus Zalewski
European Commission, Directorate General Justice, Freedom and Security, Unit Civil Justice
Frank Fleerackers
Dean of the faculty of law at the KUB
Phillip Howell-Richardson
Mediator and Consultant at SJ Berwin LLP
Subject:
The Directive from the mediator's perspective and some thoughts on the problems surrounding mediation confidentiality.
The presentation can be downloaded here Maïlys Ramonatxo
Council of the European Union
Subject:
Directive of the European Parliament and the Council on certain aspects of mediation in civil and commercial matters.
The presentation can be downloaded here
Documents regarding the Conference:
The conference took place in the city of Brussels at the Big Aula of the KUB (Katholieke Universiteit Brussel), Vrijheidslaan 17 in 1081 Brussels, from 12:30h - 18:30h.
The Book resulting from the Conference can be ordered here.
The Book resulting from the Conference can be ordered here.
The Book resulting from the Conference can be ordered here.
Learning points: The Conference was accredited with 4 continuous learning points (Permanent education Belgian Bar)