Getting The Deal Through logo
Getting The Deal Through


Published: November 2017


    Expand All / Collapse All

  • 1.

    Is your country a signatory to any treaties that refer to mediation? Is your domestic mediation law based on a treaty?

  • 2.

    Domestic mediation law
    What are the primary domestic sources of law relating to domestic and foreign mediation? Are there any differences for the mediation of international cases?

  • 3.

    Mandatory provisions
    Are there provisions of domestic mediation law that must be considered in mediation proceedings?

  • 4.

    Obligation to mediate
    Is mediation in your country obligatory? Can mediation be ordered by courts in your country?

  • 5.

    Court-annexed mediation
    Does the law of your country provide for court-annexed mediation? If so, is court-annexed mediation mandatory?

  • 6.

    Mediation-arbitration and other forms of mediation-related ADR
    Is mediation combined with arbitral proceedings? May a mediator act later in the same dispute as an arbitrator, conciliator or judge? Are arbitrators aware of mediation, and if yes, are they willing to transfer arbitration cases to mediation? Which other proceedings are available and used in your country that are related to mediation?

  • 7.

    Online dispute resolution (ODR)
    Have there been any developments regarding online dispute resolution in your country? Is your country participating in any international ODR project? Is online mediation available in your country?

  • 8.

    Confidentiality and disclosure
    Is mediation a confidential proceeding in your country? In which cases can disclosure of confidential information by the mediator or the parties be permitted or compelled? Are there any sanctions for breach of confidentiality?

  • 9.

    Limitation period
    Does a mediation proceeding suspend the limitation period for a court claim?

  • 10.

    What is the legal character of the final (settlement) agreement? What are the legal requirements for the enforceability or the content of the agreement? Is it possible to revise, withdraw or challenge the final settlement agreement?

  • 11.

    Mediation institutions
    What are the most prominent mediation institutions in your country?

  • 12.

    Describe the development of mediation in your country.

  • 13.

    Areas of disputes for mediation
    In which areas of disputes is mediation preliminarily applied? Are there any disputes that cannot be mediated?

  • 14.

    Procedural requirements
    Are there procedural requirements for mediation proceedings in your country? Must the parties prepare for the mediation?

  • 15.

    Structure and process of mediation
    Describe the most common steps for the mediator’s preparation of a mediation proceeding. Describe the most common structure of mediation proceedings. What is the typical time frame for a mediation proceeding? Are there any special considerations for international mediation proceedings?

  • 16.

    Mediation style
    What is the primary mediation style in your country for commercial mediation: facilitative mediation, evaluative mediation or transformative mediation? Are private sessions (caucuses) or joined sessions, or both commonly used in mediation?

  • 17.

    What form does team mediation typically take in your country? Is co-mediation regularly used in your country? In which kind of cases?

  • 18.

    Party representatives and third parties
    What is the practice in your country with respect to the inclusion of party representatives in mediation proceedings? What is the practice with respect to experts and witnesses?

  • 19.

    Specific mediation procedures / conflict or dispute management systems
    Have companies set up their own dispute management systems in your country? Are there any special routes for consumers to use mediation for small claims? Are there any institutions that offer mediation for their customers, users, etc? Is there any reported or published information regarding dispute management systems of companies for conflicts in employment matters?

  • 20.

    Mediation clauses
    Are mediation clauses commonly considered in the course of contract drafting? Are there special requirements for mediation clauses? Are there any relevant court decisions referring to such escalation clauses?

  • 21.

    Conclusion and content
    Is there any obligation to conclude an agreement between the mediator and the parties or between the parties before or at the beginning of the proceeding? Are there any legal requirements regarding the content of the agreement between the mediator and the parties? What are the common provisions for such mediation agreement? Must the agreement be in writing?

  • 22.

    Costs for mediation
    Are there any legal provisions on mediators’ fees? What is the average mediator’s fee in mediations involving companies? Is there any legal aid or other financial support for mediation proceedings if parties cannot afford to pay the mediator?

  • 23.

    Is there any specific regulation of mediators in your jurisdiction? Give details. Are there any regulations on immigration or tax issues or regarding the right to work for foreign mediators?

  • 24.

    Are there any requirements regarding training for mediators?

  • 25.

    Continued education
    Must mediators undertake continued professional education? Is there a credit point system for the continued education of mediators?

  • 26.

    Accreditation of mediators
    Outline the system for certification of mediators.

  • 27.

    Mediator liability and sanctions
    What are the duties of mediators in a mediation procedure? What liability do mediators face when offering their services and conducting mediation proceedings? Is professional indemnity insurance for mediators available or obligatory? Are there any further sanctions or other disciplinary measures for mediators in cases of misconduct, poor performance, etc? Are there any regulations referring to the dismissal of mediators?

  • 28.

    Is there any regulation regarding the appointment of mediators? Is it common in your country to seek assistance by institutions or official bodies for the appointment of mediators? Are mediators obliged to inform about conflicts of interest in the course of appointment?

  • 29.

    Notable cases
    Briefly give details of any significant recent mediation cases or disputes or judgments involving mediation that have been published in your country.

  • Updates and trends

View more information about DITGES Partnerschaft mbB

Kaiserplatz 7 - 9
T: +49 22 860 4600
F: +49 22 860 46040


Briefing Signup

Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.

Sign up to be notified of new content


Follow Getting the Deal Through for the latest updates on law and regulation worldwide

Follow us on LinkedIn