In the Spotlight: Recent Findings on Mediation Worldwide

by André Niedostadek

Due to some other projects I wasn’t able to update this blog during the last few weeks. Interestingly enough a lot has happened. Find out more about some developments in the Netherlands, Nigeria, Poland, Singapore, Turkey, UK and the USA.

Netherlands: Mediation In Dutch Law Draws Closer – Changes In Legal Practice

Bart Van Reeken informs that a member of the Dutch parliament has introduced three bills to embed mediation in Dutch law to encourage the use of mediation. If enacted, these bills would lead to several important changes in Dutch legal practice that any party that could end up in Dutch courts should be acutely aware of (read more).

Nigeria: Commission trains 1000 Jigawa traditional rulers on dispute resolution

The Premium Times reports that no fewer than 1000 traditional rulers have been trained on Alternative Dispute Resolution (ADR) under the Justice Sector and Law Reform Commission in Jigawa. The Chairman of the commission, Tijjani Abubakar, said in Dutse that the ADR was important to justice system (read more).

Poland: Alternative Dispute Resolution – recipe for prolonged and costly commercial litigation

Miller Canfield PLC notices that disputes, being an inherent part of doing business, are time consuming, costly, and can potentially harm the reputation of the business involved. Unfortunately, the Polish administration of justice is still a far cry from satisfactory effectiveness in dealing with such issues, as demonstrated by Poland being ranked as low as 97th among 142 countries in The Global Competitiveness Report 2011-2012  of the World Economic Forum. For that reason, Alternative Dispute Resolution (ADR) is an alternative worth noting (read more).

Singapore: Focus on building up mediation capabilities

Vimita Mohandas informs that Singapore will focus on building up its mediation capabilities, particularly to deal with international commercial disputes as Law Minister K Shanmugam said (read more)

Turkey: The Long-Awaited Turkish Mediation Law

Baris Can Polat gives an introduction the long-awaited turkish mediation law: “The Law on Mediation for Civil Disputes Numbered 6325 (the “Law”) was announced in the Official Gazette on 22 June 2012 and came into force on 22 June 2013, a year after the announcement. With this development, for the first time in the country’s legislative history, mediation has officially become another option for the resolution of legal disputes between parties. Following the enactment of the Law, the Regulation regarding the Law on Mediation for Civil Disputes Numbered 28540 (the “Regulation”) also came into force on the same date as the Law. In short, under Turkish Law, Mediation is regulated within the framework of the Law and the Regulation” (read more)

UK: Should mediation be mandatory?

Ian Drummond from Shepherd & Wedderburn LLP discusses the interesting question if mediation should be mandatory and concludes that mandatory mediation is most unlikely to be adopted in the future as part of general civil court procedures in Scotland (read more).

USA: Mediation plays unheralded role in court

Duane K. Castleberry, a Curry County magistrate judge, points out that The New Mexico Supreme Court believes so strongly in Alternative Dispute Resolution that, at its direction, a statewide commission was formed (read more).

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