Show Summary Details
A Practical Approach to Alternative Dispute Resolution

A Practical Approach to Alternative Dispute Resolution (5th edn)

Susan Blake, Julie Browne, and Stuart Sime
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 21 April 2024

p. 33219. International Mediationlocked

p. 33219. International Mediationlocked

  • Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
  • Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
  •  and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London

Abstract

This chapter evaluates international mediation. Mediation is particularly effective as an alternative dispute resolution (ADR) process for resolving international disputes because it enables linguistic and cultural differences to be managed and respected to a greater extent than is possible in court proceedings. Moreover, it avoids complex arguments about which court has jurisdiction to determine the dispute and which system of law applies to the dispute. The chapter then looks at the EU Directive on mediation in civil and commercial matters, which sets minimum standards for mediation in EU countries. The United Kingdom has implemented the Directive by adding to the suspension of the operation of the limitation period while the parties are attempting mediation in a cross-border dispute, and providing for mediation settlement agreements in such disputes to be made orders of the court for ease of enforcement by enabling parties to apply for a Mediation Settlement Enforcement Order (MSEO).

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.

Subscribe

Access to the full content requires a subscription