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For many businesses, mediation is seen as a swifter and cost-effective
alternative to conventional forms of dispute resolution. Although its
acceptance by policymakers in Europe has been slow, the recent development by
various EU Member States of legal and institutional frameworks for commercial
mediation have been complemented by a European framework for cross-border
civil and commercial mediation, the EU Directive on Certain Aspects of
Mediation in Civil and Commercial Matters.
This extraordinary book, the first thorough analysis of the current state of
commercial mediation practice in Europe, is based on face-to-face interviews
and responses to questionnaires involving the participation of 25 renowned
European mediators, with complementary contributions by 20 business people who
have used mediation extensively. Among the areas of interest that arise are
typical areas of application of commercial mediation;
types of disputes where commercial mediation is most beneficial;
reasons why companies opt for mediation;
dispute stages at which mediation may be most useful;
length of the mediation process;
costs of the process;
likely causes of the considerable guardedness of enterprises against mediation;
the role lawyers play as gatekeepers;
the power factor and other imbalances;
the role of provider agencies; and
various approaches to mediation style.
Participants have been chosen from Austria, Germany, France, England,
Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all
the dominant European legal traditions. There are numerous case studies,
including the role of mediation in such major projects as the Vienna Airport,
the Eurotunnel, and the Øresund link bridge.
The book contributes to the further professionalism of ADR in Europe by
providing accurate information on the functionality of the process and its
attainable results. In addition to describing the professional performance of
European mediators working in the world of business, the author’s analysis
crystallizes the processes, models, and strategies that characterize the
practice of commercial mediation in Europe. With this book potential clients,
practicing mediators, lawmakers, and other decisionmakers can base their
actions on reliable scientific findings proven by practical experience.
List of Tables.
List of Figures.
Guide to this Book.
CHAPTER 1 Introduction.
CHAPTER 2 Findings of the Pre-Evaluation.
CHAPTER 3 Commercial Mediation in Europe.
CHAPTER 4 Findings, Recommendations, and Perspectives.
"The information gathered in the book represents and in-depth insight of
the respective mediators and the representatives of business enterprises."
"Overall the book contributes to further professionalism of ADR in Europe
as constant examples regarding the use of mediation in Europe are brought up.
The book is specially designated for practicing mediators, lawmakers and other
Reviewed by Laura Lozano in Association of International Arbitration
Newsletter, January 2013
"This book analyzes the procedures, models and strategies used in
commercial mediation. It is a very helpful guide for lawyers and their
potential clients, mediators, legislators, and other involved institutions,
wishing to base their actions on reliable scientific and empirical evidence.
Apostolos Anthimos in Armenopoulos 2013, p. 211.