A recent article states that Dutch courts are set to be the first in Europe to introduce a mediation system through legislation (see [2003] Gazette, 27 November, 5).


However, many Swiss cantons have had this system for years. For example, section 5 of the Civil Procedure Law in Luzern provides for mandatory mediation before the start of a civil action, subject to statutory exceptions. The mediation is commenced before a mediator, not the regular judge in the (subsequent) civil proceeding.



Since 2001, Germany has had a mandatory procedure for mediation by the judge. Section 278 (2) of the German Code of Civil Procedure directs judges to order mediation hearings prior to the initial hearings, unless the parties have already attempted mediation or mediation would be fruitless.



That being said, as a Dutch multinational company, we have found mediation to be an efficient process that can reduce litigation costs. Accordingly, we welcome the development in the Netherlands.



Christopher C King, company solicitor, Hunter Douglas NV, Luzern and Rotterdam