Getting the Deal Through: Mediation 2021

The following In-house Advisor practice note provides comprehensive and up to date legal information covering:

  • Getting the Deal Through: Mediation 2021
  • Jurisdictions covered
  • Questions

Getting the Deal Through: Mediation 2021

Jurisdictions covered

The following jurisdictions are covered in this report:

Bermuda; China; Germany; Greece; Japan; New Zealand; Singapore; Spain; USA

Questions

The set of questions relating to the topic of Mediation and answered by the guide for each jurisdiction covered include:

  1. Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’?

  2. What is the history of commercial mediation in your jurisdiction? And which mediation models are practised?

  3. Are there any domestic laws specifically governing mediation and its practice?

  4. Is your state expected to sign and ratify the UN Convention on International Settlement Agreements Resulting from Mediation when it comes into force?

  5. To what extent, and how, is mediation encouraged in your jurisdiction?

  6. Are there any sanctions if a party to a dispute proposes mediation and the other ignores the proposal, refuses to mediate or frustrates the mediation process?

  7. How common is commercial mediation compared with litigation?

  8. Is there a professional body for mediators, and is it necessary to be accredited to describe oneself as a ‘mediator’? What are the key requirements to gain accreditation? Is continuing professional development compulsory, and what requirements are laid down?

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