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    Impact of the EU Mediation Directive on the German Construction Sector

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2010:;Volume ( 002 ):;issue: 003
    Author:
    Jan-Bertram Hillig
    ,
    Martin Huhn
    DOI: 10.1061/(ASCE)LA.1943-4170.0000021
    Publisher: American Society of Civil Engineers
    Abstract: The European Union (EU) Mediation Directive of 2008 has to be transposed into German law by 2011. German law already complies with the Directive to a large extent. The only action that needs to be taken concerns the loosely defined obligations regarding the quality of mediation and the mediator’s right to refuse to give evidence. In both cases, only the law governing cross-border disputes needs to be amended. Nevertheless, it is likely that the Directive will have a significant impact on the German construction sector. In terms of cross-border disputes, German companies involved in other EU member states will feel the impact directly because the Directive makes mediation more effective by creating a consistent European framework that provides a balanced relationship between mediation and judicial proceedings. In terms of domestic mediations, the impacts of the Directive will be more indirect. The German lawmaker is likely to go beyond the requirements set out in the Directive, at least by applying the new rules to both cross-border and domestic mediations, but perhaps even by introducing incentives for mediation which are not required by the Directive.
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      Impact of the EU Mediation Directive on the German Construction Sector

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    https://yetl.yabesh.ir/yetl1/handle/yetl/65788
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    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

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    contributor authorJan-Bertram Hillig
    contributor authorMartin Huhn
    date accessioned2017-05-08T21:53:58Z
    date available2017-05-08T21:53:58Z
    date copyrightAugust 2010
    date issued2010
    identifier other%28asce%29la%2E1943-4170%2E0000053.pdf
    identifier urihttp://yetl.yabesh.ir/yetl/handle/yetl/65788
    description abstractThe European Union (EU) Mediation Directive of 2008 has to be transposed into German law by 2011. German law already complies with the Directive to a large extent. The only action that needs to be taken concerns the loosely defined obligations regarding the quality of mediation and the mediator’s right to refuse to give evidence. In both cases, only the law governing cross-border disputes needs to be amended. Nevertheless, it is likely that the Directive will have a significant impact on the German construction sector. In terms of cross-border disputes, German companies involved in other EU member states will feel the impact directly because the Directive makes mediation more effective by creating a consistent European framework that provides a balanced relationship between mediation and judicial proceedings. In terms of domestic mediations, the impacts of the Directive will be more indirect. The German lawmaker is likely to go beyond the requirements set out in the Directive, at least by applying the new rules to both cross-border and domestic mediations, but perhaps even by introducing incentives for mediation which are not required by the Directive.
    publisherAmerican Society of Civil Engineers
    titleImpact of the EU Mediation Directive on the German Construction Sector
    typeJournal Paper
    journal volume2
    journal issue3
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000021
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2010:;Volume ( 002 ):;issue: 003
    contenttypeFulltext
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