MEDIATION NEWS UPDATE
General: Employment Tribunals
Posted by JP on 2008-12-05 10:52:51 GMT
Aggravated damages awarded for failure to mediate
On 3rd March 2008 the Ashford Employment Tribunals found in favour of a claimant in a racial discrimination case and awarded aggravated damages against the respondent Cancer Research UK in part because of the charity’s failure to agree to take part in mediation talks requested by the claimant.
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General: Speech by Sir Anthony Clarke, Master of the Rolls
Posted by JP on 2008-12-02 13:43:28 GMT
Speech by Anthony Clarke
Speech by Sir Anthony Clarke, Master of the Rolls at the Second Civil Mediation Council National Conference: The Future of Civil Mediation.
He said
The onus lies on you and me to ensure that litigants appreciate mediation’s many benefits: its informality, its confidentiality, the possibility it holds of enabling the parties to reach a consensual resolution to their dispute and to do so more quickly and at lower cost than might well be possible in the zero-sum game which is litigation.
We all know that a cast iron case is a very rare bird indeed; so that for the most part only a madman does not want to settle.
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General: Agreement of an EU directive on mediation
Posted by JP on 2008-12-02 13:04:14 GMT
Agreement of an EU directive on mediation
Another important tool to help EU citizens and businesses resolve cross-border legal disputes has been agreed.
The European Parliament and the Council have both approved a Directive on mediation covering civil, commercial and family matters.
The EU published a directive on 23rd April 2008 to promote cross-border mediation in commercial disputes to be implemented within three years by member states.
Essentially it wishes to encourage mediation by taking steps to
Allow courts to invite parties to mediate disputes
Make parties able to enforce settlements directly through the courts
Protect limitation periods in litigation where parties have opted to mediate
Encourage the training of mediators
Promote the drafting of ethical standards and quality control standards for mediators
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