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Civil Litigation

Aug. 7, 2010

Mediation Confidentiality: When Is Half a Loaf Better Than None?

When it comes to a cross-border directive concerning the legal status of mediation in civil and commercial matters, the remedy may be worse than the problem.

A. Marco Turk

Emeritus Professor CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

The date was May 21, 2008. In what is purportedly the world's first organized attempt by governments to establish and enforce the use of mediation in the resolution of cross-border disputes among member states in civil and commercial disputes, the Parliament of the European Union enacted a directive concerning the legal status of mediation in civil and commercial matters, providing for uniformity throughout its jurisdiction.

Directives are required to be followed by member states ...

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