Rachel F. Braden

Rachel F. BradenClass of 2013
Staff, Volume 37

Blog Posts

Is Compulsory Mediation a Violation of the Right Guaranteed by Article 6 of the European Convention?

In her recent presentation at the Symposium held by the North Carolina Journal of International Law and Commercial Regulation and the North Carolina Journal of Law and Technology, Professor Jacqueline Nolan-Haley offered a cautious endorsement of the E.U. directive requiring all member states to implement mediation programs. She spoke of the success the directive has had in requiring Member States’ citizens to engage in mandatory mediation for cross-border commercial disputes, while at the same time questioning the directive’s efficacy if it were to be extended beyond this frame. Professor Nolan-Haley specifically addressed the pivotal U.K. case of Halsey v. Milton Keynes General NHS Trust, noting the unique perspective taken by the Court of Appeal. I agree with the Professor’s assertion that mandating mediation will strip the process of its voluntary nature and amicability, making it “the new arbitration.” However, I was disappointed that Professor Nolan-Haley did not take a more clear position regarding the question of whether this mandated mediation is a violation of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECtHR).

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No Comments | Posted by Rachel F. Braden on Mon. February 27, 2012 9:21 AM
Categories: Disputes from Arbitration Agreements
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