Mediation as Alternative Dispute Resolution in the European ICT-sector

Mediation is an alternative dispute resolution that is popular in the US. Today, it is less common in continental Europe but its use is likely to increase because of the forthcoming European directive on certain aspects of mediation in civil and commercial matters. Mediation can be an important cost and time saving tool for solving ICT disputes.

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Contents:
1. What is mediation ?
2. Advantages of mediation. Obstacles.
3. Mediation in the ICT sector
3.1. A specific approach
3.2. The traditional dispute resolution method (the courts) is not always efficient
3.3. The specific advantages of mediation for ICT conflicts
4. Brief overview of some initiatives in the European Union.
5. The European Directive and the European code of conduct for mediators
5.1. European Directive on certain aspects of mediation in civil and commercial matters
5.2. European code of conduct on mediation
6. WIPO
7. .eu domain names
8. Conclusion

I wrote this article for the Journal of Internet Banking and Commerce, August 2006, vol. 11, no.2. Free subscription to this journal about e-commerce: here