Hot Off The Press: German Mediation Act Published in Federal Gazette, In Force From Tomorrow

Finally, the German Mediation Act has been signed into law by the President of the Federal Republic (Bundespräsident) on July 21, 2012. It was published in today’s online Federal Gazette (Bundesgesetzblatt, BGBl. I, 2012, S. 1577 – available to subscribers only) and will come into force tomorrow, on the day following publication. Once the print version of the Federal Gazette is available, I will post a copy and a translation of the Act here. See here for a summary of the ups and downs in the Act’s legislative history.

Update: Here is a copy of the Mediation Act.

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German Mediation Act and the Mediation Committe: Final Compromise, Financial Incentives Added

In last night’s session of German Parliament’s Mediation Committee (Vermittlungsausschuss), a compromise was finally reached on the Mediation Act (Gesetz zur Förderung der Mediation und anderer Verfahren der außergerichtlichen Konfliktbeilegung). In some respects, it looks like the final legislation is back to where it all started. But at least, Germany is now ready to implement the EU Mediation Directive.

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Update: Still Mediating the Mediation Act

Update on the progress, or lack thereof, of the Mediation Act: In yesterday’s session, the Mediation Committee (Vermittlungsausschuss) did not deal with the Mediation Act, even though it was on the agenda. It has postponed the matter yet again. The next round of negotiations is now scheduled for June 27, 2012. Realistically, if the Committee does not reach a conclusion on the Act in that meeting, we are well into the summer break. With the Euro crisis and other heavy-weight agenda items likely to take priority, the prospect of the Mediation Act getting sorted this year are substantially diminished.

 

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Mediating the Mediation Act – Next Round

The Mediation Committee (Vermittlungsausschuss) of the upper and the lower house of the German parliament (Bundesrat and Bundestag) has put the Mediation Act on the agenda for its June 13, 2012 session. It remains to be seen whether a compromise can be reached on the role of the courts in mediation. An activist role for judges as mediators is an issue close to the heart of some federal states, and which has held up the timely implementation of the EU Mediation Directive until now.

 

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