CEDR

May 2008

European Union approves Mediation Directive 
The European Parliament and Council last month agreed the proposed Directive, to encourage the use of mediation as a cost-effective and quicker alternative to civil litigation, for cross-border commercial disputes. The ‘common position’ was declared adopted without amendment when Members of the European Parliament voted to approve the recommendation for second reading. This means the new provisions on mediation in cross-border cases will be need to be implemented by member states (excepting Denmark) within three years.

Link: To read the full news piece please click here

Master of Rolls urges the legal profession to use mediation
Sir Anthony Clarke, Master of the Rolls, on 8 May 2008, gave a speech at the Civil Mediation Council's National Conference in Birmingham on The Future of Civil Mediation .

Link: To read the full speech please click here

Lord Chief Justice calls for greater take up of ADR
Lord Phillips of Worth Matravers, the Lord Chief Justice of England and Wales gave a speach in India on 29 March 2008: Alternative Dispute Resolution: An English viewpoint.  

"...It is madness to incur the considerable expense of litigation -- in England usually disproportionate to the amount at stake -- without making a determined attempt to reach an amicable settlement. The idea that there is only one just result of every dispute, which only the court can deliver is, I believe, often illusory. Litigation has a cost, not only for the litigants but for society, because judicial resources are limited and their cost is usually born -- at least in part -- by the state. Parties should be given strong encouragement to attempt mediation before resorting to litigation."

Link: To read the full news piece please click here

Whither Halsey - or will Halsey wither ? A passage from India
Commentary on the above by Tony Allen, Solicitor and a Director of CEDR

Having just come back from India to deliver foundation training there in mediation for senior lawyers, business people, retired judges, it was striking to meet a number of those who attended a conference in Delhi on 29 March, at which our Lord Chief Justice spoke (as did Karl Mackie, CEDR’s Chief Executive). Lord Phillips spoke under the title Alternative Dispute Resolution: an English viewpoint, though he essentially dealt with mediation and its growth and position in the English civil justice system, reflecting that India is very interested in this and has taken some very significant statutory steps to promote its development there.

Link: To read the full article please click here

2008 CEDR
International Dispute Resolution Centre 70 Fleet Street London EC4Y 1EU
Tel (0)20 7536 6060 Fax (0)20 7536 6061
E-mail: info@cedr.com Web: www.cedr.com
CEDR may occasionally send you e-mails about conflict management, resolution and training. If you don't want to receive further bulletins from CEDR or you would prefer one of your colleagues to receive these bulletins, please email unsubscribe@cedr.com