We are a bridge not a wall, so we help you make global disputes easier to solve.
Mediation can be defined as a structured process whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a neutral and qualified third party (“mediator”). This process may be initiated by the parties or suggested or ordered by a court or prescribed by the law of a Member State. This procedure has a remarkable effectiveness and success rates that reach 90% worldwide. The mediator helps the parties to come to an agreement without actually formally expressing an opinion on one or other possible solution to the dispute. Mediation is considered faster and, most often, cheaper than ordinary court proceedings. It avoids the confrontation between the parties which is inherent in judicial proceedings and allows the parties to maintain their professional or personal relationship beyond the dispute. Mediation also enables the parties to find creative solutions to their dispute which they could not obtain in court.
Long distance resolution
The typical form of mediation requires a venue where the process will take place and physical presence of the parties involved and the mediator. But what if there are long distances, cross border disputes, parties which do not wish to be together in the same mediation room? This is where online mediation comes into play. The fact that we can transfer and conduct the whole process on the web. The fact that we have the option of respecting the choice of the parties, the mediator, their lawyers and technical advisers to be each of them at his own place.
ADR, AODR and ODR
In any process it is very important to make proper use of the terms. There is a false impression that the term ODR (Online Dispute Resolution) applies to any e-settlement process. This is certainly not the case. The term ADR reflects all alternative resolution procedures (Alternative Dispute Resolution). The proper term for e-mediation is online mediation and not ODR. The term ODR is used for sophisticated dispute resolution systems. So, mediation through Skype, Hangouts, Google Meet, Facebook, Whatsapp, Telegram, Teams, and similar platforms is not ODR!
The European Union actively promotes methods of alternative dispute resolution (“ADR”), such as mediation. The Mediation Directive applies in all EU countries. The Directive concerns mediation in civil and commercial matters.
More and more disputes are being brought to court. As a result, this has meant not only longer waiting periods for disputes to be resolved, but it has also pushed up legal costs to such levels that they can often be disproportionate to the value of the dispute.
Mediation is in most cases faster and, therefore, usually cheaper than ordinary court proceedings. This is especially true in countries where the court system has substantial backlogs and the average court proceeding takes several years.
This is why, despite the diversity in areas and methods of mediation throughout the European Union, there is an increasing interest for in this means of resolving disputes as an alternative to judicial decisions.
Encouraging the use of mediation facilitates the resolution of disputes and helps to avoid the worry, time and cost associated with court-based litigation, thus enabling citizens to secure their legal rights in an efficient way.
The Mediation Directive applies to cross-border disputes in civil and commercial matters. It covers disputes in which at least one of the parties is domiciled in a Member State other than that of any other party on the date on which they agree to use mediation or on the date mediation is ordered by a court.
The principal objective of this legal instrument is to encourage the recourse to mediation in the Member States.
For this the directive contains five substantive rules:
• It obliges each Member State to encourage the training of mediators and to ensure high quality of mediation.
• It gives every judge the right to invite the parties to a dispute to try mediation first if she/he considers it appropriate given the circumstances of the case,
• It provides that agreements resulting from mediation can be rendered enforceable if both parties so request. This can be achieved, for example, by way of approval by a court or certification by a public notary.
• It ensures that mediation takes place in an atmosphere of confidentiality. It provides that the mediator cannot be obliged to give evidence in court about what took place during mediation in a future dispute between the parties to that
• It guarantees that the parties will not lose their possibility to go to court as a result of the time spent in mediation: the time limits for bringing an action before the court are suspended during mediation
(* European Commission information)
Handling electronic mediation processes require skills in two different levels. It requires mediation and technology skills, as well as their functional combination. Those who decide to handle mediation cases online should have a good command of the tools used for e- settlement. LEONM, in line with its partners, offers training and information programs, online seminars and online workshops, many of which are completely free. Get the necessary knowledge from the experts!
Thinking of cybersecurity, data security, privacy and confidentiality, LEONM develops its own videoconferencing platform with proprietary software and cutting-edge encryption in partnership with Twiilio.
Thousands of companies and individuals around the world use mediation services to resolve civil, commercial, banking, insurance, financial, insurance, financial, labor, family, family, property and other simple and complex disputes. It is on these organizational and quality standards of foreign ADR centers that LEONM, the Center for Online Negotiation, Mediation and Dispute Resolution, was established in Estonia and operates in all Global.
(*Legal context of cross-border mediation; more Singapore Convention)
The world of online conflict resolution is exciting. It generates however, some questions! This is what we in LEONM are here for. To provide answers. CONTACT us and become part of this “smart” new world.
*INFORMATION ON INSTRUMENTS OF EU LAW THAT ARE RELEVANT FOR THE IMPLEMENTATION OF CROSS-BORDER
European / international
The implementation of this method for the resolution of conflicts is forseen or enhanced by several European and international instruments.
At European Union level:
– Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters
– Council Regulation (EC) n°2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) n°1347/2000
– Council Regulation (EC) n°4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
At the Hague Conference of private international law:
– Hague Convention of 25 October 1980 on civil aspects of international child abduction
– Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children
– Guide to good practice on mediation in particular under the Hague Convention of 25 October 1980 on the civil aspects of international child abduction
At Council of Europe level:
– Recommandation No.R (98)1 of the Committee of Ministers to Member States on family mediation adopted on 21 January 1998
– Recommandation Rec (2002) 10 of the Committee of Ministers to Member States on mediation in civil matters
At the European Parliament level:
– Study of the European Parliament
* SINGAPORE MEDIATION CONVENTION
The Singapore Convention applies to international settlement agreements resulting from mediation, concluded by parties to resolve a commercial dispute. It provides an efficient and harmonised framework for the enforcement of international settlement agreements resulting from mediation and for allowing parties to invoke such agreements. The Singapore Convention has been designed to become an essential instrument in the facilitation of international trade and in the promotion of mediation as an alternative and effective method of resolving trade disputes. It ensures that a settlement reached by parties becomes binding and enforceable in accordance with a simplified and streamlined procedure. It thereby contributes to strengthening access to justice and the rule of law. Mediation is known for improving efficiency of dispute resolution and flexibility. The mediator’s role is not to adjudicate, but rather to facilitate discussions between disputing parties to arrive at a mutually acceptable solution. The mediation process is more flexible, and in many instances, more cost and time efficient than other dispute resolution processes such as litigation and arbitration. Until the introduction of the Singapore Convention however, an often-cited challenge to the use of mediation was the lack of an efficient and harmonised framework for cross-border enforcement of settlement agreements resulting from mediation. It was in response to this need that the Singapore Convention was developed and adopted by the United Nations. The Convention contributes to the development of a mature, rule-based global commercial system. The primary goals of the Convention are to:• facilitate international trade; and • promote the use of mediation for the resolution of cross-border commercial disputes. The Convention applies to international commercial settlement agreements resulting from mediation. • It does not apply to settlement agreements that are enforceable as a judgment or as an arbitral award. • It also does not apply to settlement agreements concluded for personal, family or household purposes, or relating to family, inheritance or employment law.
(List of Signatory Countries: Afghanistan, Belarus, Benin, Brunei Darussalam, Chile, China, Colombia, Congo, Democratic Republic of the Congo, Eswatini, Fiji, Georgia, Grenada, Haiti, Honduras, India, Iran (Islamic Republic of), Israel, Jamaica, Jordan, Kazakhstan, Lao People’s Democratic Republic, Malaysia, Maldives, Mauritius, Montenegro, Nigeria, North Macedonia, Palau, Paraguay, Philippines, Qatar, Republic of Korea, Samoa, Saudi Arabia, Serbia, Sierra Leone, Singapore, Sri Lanka, Timor-Leste, Turkey, Uganda, Ukraine, United States of America, Uruguay, Venezuela (Bolivarian Republic of), Armenia, Chad, Ecuador, Gabon and Guinea-Bissau)
This page is maintained by LEONM ÖU with information’s from the European Commission