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PUBLIC AND PRIVATE JUSTICE- DISPUTE RESOLUTION IN MODERN SOCIETIES Establishing a Fair and Efficient Justice System

Legal aspects of mediation in European countries

Why is it that the European Union tries to stimulate ADR and especially mediation? What has mediation, in essence a non-legal procedure, to do with access to justice? The answers to these and similar questions are relevant for a better understanding of the importance of mediation as a means of dispute resolution.

Although mediation is essentially a non-legal procedure, lawyers should take an interest in mediation for several reasons. In the first place, a legal framework should be developed for mediation, even if it were only because mediation is often related to formal court proceedings. In the second place, practicing lawyers can be confronted with mediation and should be able to advice their clients about the risks that are involved in the choice to mediate – or the choice to abstain from mediation.

These topics will be adressed in this course, where appropriate from the point of view of a practicing attorney and mediator.

Literature

See some of the many materials available on the internet on ADR in Europe and in the UK: On ADR in general http://europa.eu.int/comm/justice_home/ejn/adr/adr_ec_en.htm Draft dir. http://europa.eu.int/eurlex/lex/LexUriServ/site/en/com/2004/com2004_0718en01.pdf Greenpaper http://europa.eu.int/eur-lex/en/com/gpr/2002/com2002_0196en01.pdf UK http://www.cedr.co.uk/index.php?location=/library/articles/legal_questions_about_mediation.htm

Further materials to be distributed during the course.

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