'shouldn't Mediation be Spreading in Finland and the Nordics?'
Anna Hietala, Associate Legal Counsel, Power Plants Legal Affairs, Wärtsilä Corporation, Finland
Tim Williams, Senior Legal Counsel, Wärtsilä Finland Oy, Power Plants, Finland
Mediation is not just an English issue or an American issue. The Mediation Directive (EU Directive 2008/52/EC) came into force in back May 2011, and member states are still putting the rules into place to facilitate mediation in their own countries and across the EU.
Contrary to the expectations of many – and especially the contentious law firms – the mediation market has grown quickly. But perhaps not fast enough. ADR should become one of the standard ways to resolve commercial disputes.
However, there is still a significant lack of knowledge about mediation, and the differences between litigation, arbitration and mediation in Finland and the civil law countries. In this general context, multinational companies will soon have to make key policy decisions in relation to their supply and customer contracts on a range of issues, how to prepare and train their resources on ADR and mediation, and how best to extract value from a less confrontational and more commercial approach.
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