hrvatski

Which Law Governs Mediation?

Private international law issues surrounding mediation have attracted little scholarly attention so far. This is surprising given the ever increasing number of cross-border disputes referred to mediation and the often striking differences in the ways legislators and courts accross the globe have approached mediation. This paper will attempt to determine which laws should govern transnational mediation. Part I will address the issue of characterisation of mediation. Part II will identify and explain the key contractual relationships which emerge in mediation: (1) the agreement to mediate, (2) the agreement between the mediator and the parties, (3) the agreement between the institution administering the mediation and the parties, and (4) the settlement agreement resulting from mediation. Part III will discuss the laws applicable to each of those agreements. Finally, Part IV will address the external aspects of mediation, such as the effects of mediation on other proceedings or the limitation of claims.

mediation; private international law

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