Mandatory Mediation before Litigation in Civil and Commercial Matters: A European Perspective

Nowhere in Europe are disputants forced to settle their civil or commercial disputes by way of mediation or any other form of alternative dispute resolution. Settlement is also completely voluntary in light of the fundamental right of access to court of Art. 6 of the European Convention of Human Rights. This does not, however, mean that potential disputants may not be requested to attempt to settle their case before going to court, for example, by way of mediation, especially if strict time limits are observed for such procedure. In some European jurisdictions, attempting mediation or other forms of alternative dispute resolution before court action is initiated is mandatory, at least in certain cases. The present contribution will focus on such preliminary mandatory mediation attempts in a selection of jurisdictions.

Gerechtigkeit und deren intertextuelle und intermediale Beziehungen im Werk des Magisters Vincentius

The aim of present paper is a closer analyze of some textual construction which are imitating a legal action at court. The scene of imagined court were popular in medieval dramaturgy, they are often used as a plot for scenic action. A particular case was created by Master Vincentius (12th Cent.): a passage from chronicle which presents a possible staging of court action.

9. Starting Your Court Action and Serving It on the Defendant

This chapter deals with the procedural steps, considerations, and issues that need to be addressed when commencing proceedings. These include the ‘tracks’ created by the Civil Procedure Rules (the small claims track, the fast track, and the multi-track). It details the documents needed to issue proceedings. These include parties and joinder and service provisions.

The Implementation of Inheritance Dispute Arrangement Based on Local Wisdom in Gayasan A, Jenggawah, Jember Regency

Differences in understanding the distribution pattern of inheritance rights potentially cause disputes which fade the family relationships and merge endless conflicts among the family members. The aim of the research is to comprehend the implementation of inheritance dispute arrangement based on local wisdom as an alternative method in achieving the community’s balance and harmony that they still consider the arrangement through a court action as a taboo of settlement. The research shows several findings; factors that influence the differences in the distribution of inheritance in Gayasan A, Jenggawah, Jember Regency are the absence of communication between the heirs (the giver) and heirs, which is known as debik kek lopaen; and the community’s view of the heirs also influence the distribution of inheritance rights, so that local wisdom is needed as a strategic tool in arranging the disputes by implementing internal discussions among the family members mediated by a customary head and a sanction of exclusion (not diajepi). Data collection was conducted through a combination of literature study and field study by triangulating the results of observations, interviews and questionnaires. The research design applied was the sociology of law with an approach of problem on the unwritten customary law implemented in the community of Gayasan A as a social fact developed from the value system of the community and supported by a theoretical approach

9. Starting Your Court Action and Serving It on the Defendant

This chapter deals with the procedural steps, considerations, and issues that need to be addressed when commencing proceedings. These include the ‘tracks’ created by the Civil Procedure Rules (the small claims track, the fast track, and the multi-track). It details the documents needed to issue proceedings. These include parties and joinder and service provisions.

Considerations on the void or voidable agreement under Romanian law

The concept of nullity under New Civil Code enacted on 1st of October 2011 has been amended. Thus, the New Civil Code brings more clarity and amends partially some of the former concepts of nullity and its legal regime. In this respect, new legal provisions have been enacted for the purpose of clarifying the nature and the effects, respectively the option to confirm/remedy or, to restore the null and/or voidable legal acts. The notary public becomes a new competence through which the nullity can be confirmed upon parties’ request. Such new procedure saves a lot of resources for the parties with no/low appetite to initiate and to be part of the court action. This paper aims to critically to analyze the novelties and to identify the upsides and the downsides which may incur in practice when implementing such new concepts.