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Mediation in Germany: The German Mediation Act—Alternative Dispute Resolution at the Crossroads

Peter Tochtermann

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0008
Mediation in Germany: The German Mediation Act—Alternative Dispute Resolution at the Crossroads

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Until now mediation has led a quite shadowy existence in Germany and has not yet become a significant part of the legal landscape. This might change in the near future, as the German legislature has enacted a Mediation Act implementing the EU's Mediation Directive. This chapter examines the changes to the existing legal framework in which mediation is embedded and analyses whether the legislature's attempts to foster the use of mediation will be sufficient to institutionalise mediation and support the vivid mediation movement. Core aspects of the ongoing debate are whether mediation should be offered by judges, how the quality of mediation services might best be ensured and which structures are most promising to significantly further the use of mediation as an alternative to litigation before state courts.

Keywords: Germany; mediation; German Mediation Act; EU Mediation Directive; alternative dispute resolution; state courts

Chapter.  26143 words. 

Subjects: Comparative Law

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