Vägen till medling

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Författare: Mirja Färnstrand; [2015]

Nyckelord: Law and Political Science;

Sammanfattning: Through Directive 2008/52/EC the European Union intends to encourage amicable dispute resolution, particularly through the use of mediation The Directive requires the Member States to authorise the courts to suggest the use of this method to the litigants, without, however, compelling them to use it. In Sweden, this directive was implemented through Lag (2011:860) om medling i vissa privaträttsliga tvister. The essay gives an explanation of the concept of mediation, who mediates and the various mediation techniques available. The essay deals with the process from the Directive to the implementation in Swedish law. Furthermore, the essay goes through the use of special mediation in the courts. There will be an international comparison where you see that in the United Kingdom mediation is common, altough their mediation is comparable to settlement negotiations in Swedish courts, (42 kap. 17§ RB) There have been some attempts to increase the use of mediation. They were performed by description of the method and information about the process. Two studies are described with explanation of the execution and the conclusions. The purpose of this paper is to describe the special mediation and arbitration in general, but also reasons why the methods are not used. In the conclusion, there are also thoughts about how mediation could become more used in the legal system.

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