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Amendment of the Danish Administration of Justice Act - court-based mediation now a permanent option

January 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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23-04-2008 - The Danish Parliament recently amended the Danish Administration of Justice Act to introduce a permanent national court-based mediation scheme following pilot testing at selected courts. The results were so positive that the scheme has now been made permanent.

Court-based mediation is available in civil cases in the district courts, the High Court and the Maritime and Commercial Court as an option to the parties. At the request of either party, the court will decide whether to initiate mediation and, if so, appoint a mediator to assist the parties in reaching an acceptable solution.

Mediators are specially trained court lawyers and attorneys. The mediator's job is not to make a decision and the parties are free to break off before a possible solution has been identified. In that case, the parties will continue with the court action. Each party will generally bear their own costs of mediation, regardless of the outcome.

The Danish Administration of Justice Act was amended with effect from 1 April 2008.

Annemarie Boddum

This information does not constitute legal advice and should not be relied upon as such

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