Mandatory Mediation before Litigation in Civil and Commercial Matters: A European Perspective

C.H. van Rhee*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

1 Citation (Web of Science)

Abstract

Nowhere in Europe are disputants forced to settle their civil or commercial
disputes by way of mediation or any other form of alternative dispute resolution. Settlement is also completely voluntary in light of the fundamental right of access to court of Art. 6 of the European Convention of Human Rights. This does not, however, mean that potential disputants may not be requested to attempt to settle their case before going to court, for example, by way of mediation, especially if strict time limits are observed
for such procedure. In some European jurisdictions, attempting mediation or other forms of alternative dispute resolution before court action is initiated is mandatory, at least in certain cases. The present contribution will focus on such preliminary mandatory mediation attempts in a selection of jurisdictions.
Original languageEnglish
Pages (from-to)7-24
Number of pages18
JournalAccess to Justice in Eastern Europe
Volume4
Issue number12
DOIs
Publication statusPublished - 1 Nov 2021

Keywords

  • mediation
  • mandatory mediation
  • alternative dispute resolution
  • civil litigation

Cite this