Commentary on the Mediation Act

The Act on the Promotion of Mediation and Other Extrajudicial Conflict Resolution Procedures puts mediation in Germany on a standardised legal basis for the first time. The regulations for the various areas of mediation not only implement the corresponding EU directive: In many places they go beyond the requirements of the directive.

The new commentary provides a legal interpretation of the effects of the provisions contained in the new Mediation Act on the work of mediators, lawyers, judges and notaries, as well as on the parties to the dispute themselves. The changes made by the Act to the various procedural codes and other laws are also explained in detail in terms of their impact on the existing regulations. The draft training regulations for certified mediators have also been taken into account.

The commentary illustrates the significance of the new regulations for various fields of application and interfaces of mediation as well as for different professional groups involved in the mediation process in a series of practice-oriented articles. The authors also comment on all provisions of the procedural codes – including the German Code of Civil Procedure (ZPO) and the German Family Proceedings Act (FamFG) – and other laws – including the German Judicial Service Act (RDG) and the German Civil Code (BGB) - in their relation to mediation. Practical articles on in-house mediation, family and divorce mediation, court mediation and mediation from a notarial perspective form a focal point. Brand new with online mediation and mediation of corporate law disputes.

Together with Dr Jürgen Klowait, Prof Dr Ulla Gläßer, LL.M. (UC Berkeley) has created a standard reference work for the ideal combination of practical relevance and depth of detail. Further information on the publication and how to order the volume can be found in the Nomos shop.

Mediationsgesetz. Handkommentar.
Herausgegeben von RA Dr Jürgen Klowait, Prof Dr Ulla Gläßer, LL.M. (UC Berkeley), 2014, 732 S., Gebunden, ISBN 978-3-8329-6997-4