ERA-Conference on Cross-border Mediation, ADR & ODR

On April 25 and 26, 2013 the Academy of European Law (ERA) will host a conference on cross-border mediation, ADR & ODR. The conference will cover various aspects of cross-border alternative dispute resolution including the latest trends and developments in legislation at national, international and EU level. Further information is available here. The programme reads as follows:

Thursday, 25 April 2013

  • 08:45 Arrival and registration
  • 09:10 Welcome
    Angelika Fuchs

Moderator: Ana Gonçalves

I. CURRENT SITUATION OF MEDIATION IN A COMPARATIVE PERSPECTIVE

  • 09:15 State of play following the implementation of the Mediation Directive: concepts and practice of mediation
    Jeremy Lack
  • 09:45 Discussion
  • 10:00 Integration of mediation in dispute resolution procedures, including the effects of mediation on limitation and prescription periods
    Carlos Esplugues
  • 10:30 Discussion
  • 10:45 Coffee break
  • 11:15 Learning from the experience of others: what incentives for mediation are given?
    • The Netherlands, England and Wales: Naomi Creutzfeldt-Banda
    • France and Belgium: Vincent Tilman
    • Poland and Czech Republic: Rafal Morek
    • Italy and Spain: Carlos Esplugues
    • Portugal: Ana Gonçalves
  • 13:00 Lunch

Moderator: Jeremy Lack

II. INNOVATIVE PROCESSES FOR CONSUMER
AND E-COMMERCE DISPUTE RESOLUTION

  • 14:15 Consumer ADR & ODR: recent experiences in the member states
    Naomi Creutzfeldt-Banda
  • 15:00 Discussion
  • 15:15 Coffee break
  • 15:45 Opportunities and challenges for ODR: how will consumers and traders benefit from the new EU legislation?
  • 16:15 ODR and consumer protection: high standards or low costs? Taking a fresh look at the EU and UNCITRAL initiatives
    Hans Schulte-Nölke
  • 16:45 Discussion
  • 17:15 Towards an instrument on B2B ADR?
    Vincent Tilman
  • 17:45 Discussion
  • 18:00 End of the first conference day
  • 19:00 Evening programme and dinner

Friday, 26 April 2013

Moderator: Diana Wallis

III. MEDIATORS AND MEDIATION PROCEDURE

  • 09:00 How to ensure the quality of mediation? Code of conduct and professional law for mediators
    Manon Schonewille (live via videolink)
  • 09:30 Discussion
  • 09:45 Skills of (e-) mediators
    Ana Gonçalves
  • 10:15 Discussion
  • 10:30 Coffee break
  • 11:00 Results of mediation and enforcement of mediation agreements
    Elena D’Alessandro
  • 11:30 Discussion
  • 11:45 Confidentiality in mediation
    • Functions of confidentiality
    • What information is subject to confidentiality?
    • Which persons are bound to respect it?
  • Disclosure of information in subsequent litigation or enforcement proceedings
    Rafal Morek
  • 12:15 Discussion
  • 12:45 Self-regulation or regulatory approach: how to further encourage parties to the mediation table?
    Diana Wallis
  • 13:15 Lunch and end of the conference

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