Five years ago, the Mediation Act (Mediationsgesetz) came into force. We did cover the legislative process on the blog in quite some detail. The Act provided for an evaluation to take place at the fifth anniversary. This report has now been published by the Federal Ministry of Justice. Here is a link to the full report, and here is a link to a summary produced by Professor Reinhard Greger, who served as a judge at the Federal Supreme Court before becoming a full-time academic. His summary is critical of the success of the Act: In essence, the total number of mediations remains low, and has not increased significantly since the Act came into force. Only very few mediators can actually earn a meaningful income by providing mediation services. Continue reading
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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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.