Common Sense: Ancient ADR Traditions – Tribunal de las Aguas de la Vega de Valencia

Triggered by Elinor Ostrom’s obituary in The Economist, I briefly wrote about traditional ways of dispute settlement, in particular in farming communities. Today’s post by Nicolas Ulmer at the Kluwer Arbitration Blog shares interesting observations on such an ancient tradition in Spain, the Tribunal de las Aguas de la Vega de Valencia. The Tribunal is a self-regulatory body dealing with water disputes amongst farmers in the Huerta region around Valencia. Its tradition is traced back to Roman times. Nicolas Ulmer describes it as follows:

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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.

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.