- Compulsion to mediate—providing access to mandatory cross-border mediation services
- Original news
- What are the practical implications of this case?
- What are the key changes being proposed?
- Would the introduction of these proposals be a desirable development? What are the problems with the existing law that this measure is seeking to address? How successful will it be in doing so?
- Are there any possible drawbacks to the changes? Are the measures practical and capable of being effectively implemented and enforced?
- What impact could the changes have on practitioners? What should practitioners be mindful of when advising clients in this area? Any best practice tips?
Commercial analysis: Should national courts compel parties to consider mediation before pursuing what often proves to be expensive and timely litigation? Christian Toms, partner at Brown Rudnick reviews the Opinion of the Advocate General (AG) in Menini and another v Banco Popolare Società Cooperativa which considers the relationship between the ADR and Consumer Disputes Directive and the EU Mediation Directive.
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