ADR in the EU spotlight

United Kingdom
27/02/2003
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Last April, the European Commission produced a Green Paper seeking views on the development of ADR, specifically mediation, throughout the European Community. We submitted a response on behalf of CMS that included contributions from our CMS offices in eight different European jurisdictions. In light of that response, Anthony Fincham and Neil Aitken from our Commercial Disputes team were invited to attend the Public Hearing of the Paper that took place ten days ago in Brussels. Other speakers from England included representatives from CEDR, The ADR Group and the Commercial Bar together with the President of the Law Society.

It was a wide-ranging debate with contributions being made by delegates from most European Union jurisdictions. The atmosphere was very positive and showed that there was significant common ground between the various contributors both in their responses to the Paper and in the views expressed by the delegates. Specifically, the issues of confidentiality of mediations, compulsion to attend and costs were the subjects of some interesting exchanges of views.

A report of the hearing is due to be produced at the end of March 2003; a summary of that report will be the subject of a future Law-Now.

For further information, please contact Neil Aitken at [email protected] or on +44 (0)20 7367 2511 or Anthony Fincham at [email protected] on +44 (0) 20 7367 2783 or Amanda Wadey at [email protected] or on +44 (0) 20 7367 2308.

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