Law360, New York (December 19, 2011, 12:17 PM ET) -- Commercial mediation in Europe has been the subject of legislation at the national and intranational level. Each jurisdiction is different and has its own reasons for promoting mediation. What these jurisdictions share are cost-conscious clients and an increasing commercial caseload for the judiciary. Layered on top, and unevenly spread, are a range of influences. They include economic factors, brought on by recession and the financial crisis, and issues of practical expedience as court dockets continue to grow.
Thus, this year, the United Nations General Assembly passed a resolution encouraging member states to mediate disputes wherever possible; we’ve also seen the implementation of the 2008 EU Directive on Mediation, which Italy used as a platform to institute mandatory mediation as a necessary precursor to almost all civil litigation.
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