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Civil and Commercial Mediation in Europe. Volume I: National Mediation Rules and Procedures, Carlos Esplugues Mota, José Luis Iglesias, and Guillermo Palao (eds.), Intersentia, November 2012.

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.

Contents:

Austria, Ulrike Frauenberger-pfeiler
Baltic Countries, Vytautas Nekrošius and Vigita Vėbraitė
Belgium, Michael Traest
Bulgaria, Nikolay Natov, Boriana Musseva, Vasil Pandov, Teodora Tsenova and Stanislav Yordansky
Cyprus, Achilles C. Emilianides and Xenis Xenofontos
Czech Republic, Monika Pauknerová, Jan Brodec and Magdalena Pfeiffer
France, Emmanuel Guinchard and Magali Boucaron-Nardetto
Germany, Ivo Bach and Urs Peter Gruber
Greece, Vassilios Kourtis
Hungary, Miklós Kengyel, Viktória Harsági and Zoltán Nemessányi
Ireland, William Aylmer
Italy, Ilaria Queirolo, Laura Carpaneto and Stefano Dominelli
Malta, Tanya Sciberras Camilleri
Poland, Katarzyna Grzybczyk and Grzegorz Frączek
Portugal, Afonso Patrão
Romania, Ramona Gratiela Milu and Mihai Taus
Scandinavian Countries, Laura Ervo and Liisa Sippel
Slovakia, František Kutlík
Spain, José Luis Iglesias Buhigues, Carlos Esplugues Mota, Guillermo Palao Moreno, Rosario Espinosa Calabuig, and Carmen Azcárraga Monzonís
The Netherlands, Aukje van Hoek and Joris Kocken
United Kingdom, Elizabeth B. Crawford and Janeen M. Carruthers

Table of Contents [here]

Civil and Commercial Mediation in Europe. Volume I: National Mediation Rules and Procedures

Carlos Esplugues Mota, José Luis Iglesias, and Guillermo Palao (eds.)

Intersentia, November 2012

xxii + 516 pp. 145 euro

ISBN: 978-1-78068-077-4