New legislation promotes mediation for commercial disputes

"inland recently brought the EU Mediation Directive (2008/52/EC) into force by implementing the Act on Mediation in Civil Disputes and Certification of Settlements by Courts (394/2011). The act entered into force on May 21 2011 and replaced the previous Act on Court-Annexed Mediation (663/2005). 

Both the directive and the new act aim to facilitate access to alternative dispute resolution, and promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings. 

The act contains new provisions whereby a settlement reached in mediation out of court can be certified and declared enforceable. The act contains no provisions on the out-of-court mediation procedure. Consequently, mediation can be performed informally. However, in order for a settlement to be declared enforceable, the mediation procedure must meet certain statutory criteria."

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Web-link: http://www.internationallawoffice.com/newsletters/detail.aspx?g=4e060284-6a52-4a...
Source: International Law Office
Language: English
Contact: Jussi Ikonen or Antti Karanko - jussi.ikonen@merilampi.com or antti.karanko@merilampi.com