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Home News & Events EU NEWS: IFTTA partakes in the ADR Consultation by the EU Commission

EU NEWS: IFTTA partakes in the ADR Consultation by the EU Commission

Tuesday, 24 May 2011 22:14

The EU Commission has just published all the responses received on the Alternative Dispute Resolution (ADR) consultation process. The responses filed by ADR exponents include a paper prepared by a team of experts from the International Forum of Travel and Tourism Advocates (IFTTA) specifically members Larry Gore, Tom Marigiotti and John Downes. It is the second time that IFTTA has participated in an EU legislative process.

The EU Commission has long declared its stance in favour of ADR and indeed, in 2002 it had published a green paper thereon with the aim to instigate discussion and at the same time, awareness on the advantages of ADR. Thereafter, 2004 welcomed a Code of Conduct for Mediators whilst a draft Directive on Mediation was submitted to the European Parliament.

The Commission’s proposal for a European Directive on Mediation in Civil and Commercial Matters aims to ensure a sound relationship between the mediation process and judicial proceedings, by establishing common EU rules on a number of key aspects of civil procedure.

Through the Malta Mediation Centre, ADR has been placed high on the agenda to address disputes arising in many and varied fields including although not limited thereto, in aviation, maritime, commercial and civil matters. It may be emphaised that mediation process has been first formally introduced in Malta by means of a Legal Notice which came into effect in January 2003 specifically in connection with marital disputes and rights related to minor children. The Malta Mediation Centre is striving to expand the mediation process particularly through the judicial system which would benefit the parties to a litigation.

Tanti-Dougall & Associates, Advocates strongly recommends to its clients to opt for ADR whenever it would be possible.