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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Civil and Commercial Mediation in Europe Volume II: Cross-Border Mediation

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Edited by: C. Esplugues, J. L. Iglesias, G. Palao

ISBN13: 9781780681306
Published: April 2014
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Hardback
Price: £138.00

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Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since known in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution.

The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, with an implementation date of 21.5.2011, prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark.

This book studies in depth the current legal framework in every EU Member State as regards mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. Every chapter on national law analyses both out-of-court and court-annexed mediation in the existing legal framework; the areas of law covered by mediation; the value and formal requirements of the agreement to submit any dispute to mediation; personal features and requirements for mediators; procedural requirements in the mediation procedure; the relationship between the mediator and public authorities; the outcome of the mediation procedure; and, in the scenario in which a mediation settlement is reached, its requirements and effects.

The book is written by renowned specialists on mediation in Europe and aims to provide an exhaustive account for both scholars and practitioners in Europe and outside the continent.

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EU Law, Arbitration and Dispute Resolution
This collection of 21 country reports examines the situation and status of cross-border mediation in the Member States of the European Union.

The country reports are structured as follows:
1. Transposition of the Mediation Directive 2008/52/EC how the Directive has been implemented in the relevant Member State
2. Notion of Cross-Border Mediation how cross-border mediation is defined and understood
3. Mediation Clause examining the nature of the mediation clause and the law applicable to cross-border disputes
4. Matters that can be Submitted to Mediation
5. Mediation Agreements, Mediators and Mediation Procedure setting out the requirements and law applicable to each stage of a mediation, including the agreement to mediation, the selection of a mediator, the mediation itself and the settlement
6. Enforcement including rules for enforcement of settlements reached in Member States and non-Member States and whether or not the settlement is enforceable in the country of origin
7. e-Justice The General Report draws together the discussion in both volumes I and II by discussing the national mediation rules and procedures and those for cross-border mediation from a comparative perspective.
(Country reports: Austria, the Baltic countries, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, Luxemburg, the Netherlands, Poland, Portugal, the Scandinavian countries, Slovakia, Slovenia, Spain, and the United Kingdom)