ADR in the Upper House: Mediating the Mediation Act, Rejecting Brussels

The Upper House (Bundesrat) of the German Parliament has been active in ADR related matters twice this month:

First, its Legal Committee (Rechtausschuss) sent the Mediation Act, which has been unanimously approved by the Lower House (Bundestag)  to the Mediation Committee (Vermittlungsausschuss). Pardon the pun, but I am using the quasi-official translation for the joint committee of the two Houses, provided for in Art. 77 of the German Constitution. Continue reading

German Mediation Act Takes First Hurdle

Yesterday, the Mediation Act was passed, by an unanimous vote, in the “lower chamber” of the German parliament, by the Bundestag, in the form previously reported here. The consent of the “upper chamber”, the Bundesrat, representing the Federal States, is still outstanding and not yet certain. The matter is on the Bundesrat’s agenda in February 2012. Continue reading

Law in the Making: Update on the German Mediation Act

This is an update to my earlier post on the progress made on the Mediation Act, which I had characterized as “much ado about nothing”. The draft version of the Mediation Act on which the all-party consensus in the Legal Committee (Rechtsausschuss) of the Bundestag is based is not yet available online; you can find it here.

Jürgen Klowait, one of the Co-Founders of the Round Table Mediation & Conflict Management of the German Economy did not agree with my assessment and has kindly shared his comments on the changes:

Continue reading

Mediation, Court-annexed Mediation and Judges as Mediators

The European Commission is launching its next ADR initiative at a time when Germany’s implementation of the first one, the EU Directive on certain aspects of mediation in civil and commercial matters is overdue. “Member States shall bring into force the laws, regulations, and administrative provisions necessary to comply with this
Directive before 21 May 2011”, the Directive says. Continue reading