Multi-Door Courthouse established through the European Mediation Directive?
Multi-Door Courthouse established through the European Mediation Directive?
Author(s): Michal MalackaSubject(s): Law, Constitution, Jurisprudence, Civil Law, Family and social welfare, EU-Legislation
Published by: Univerzita Palackého v Olomouci
Keywords: Multi-Door Courthouse; European mediation directive; mediation; dispute resolution; appropriate dispute resolution; alternative dispute resolution; European Union member states;pre-steps to the court;
Summary/Abstract: The article deals with the systematical problem of an acceptance and implementation of foreign law instruments in EU, incoming from Anglo-American law system. Supporting partial methods of the ADR, European legislative is focusing on the mediation and using this method in civil procedure law, especially in family law matters. The practitioners have accepted the idea of mediation as a part of civil law procedure without analyzing or studying the real nature of this method or instrument. The study is looking into the problematics of the Multi-Door Courthouse model and comparing it with European situation in the member states. It is also trying to find the best possible future ways for the development in the area of mediation with the reflection of the results of the implementation of the European mediation directive.
Journal: International and Comparative Law Review
- Issue Year: 16/2016
- Issue No: 1
- Page Range: 127-142
- Page Count: 16
- Language: English