The meeting took place from 4 to 6 April 2024. It is a meeting of the Officers of the World’s Leading Commercial Mediation Centres. The Forum was presented by the UIA (Union Internationale des Avocats) with the support of the Centre for Effective Dispute Resolution (CEDR) and the International Dispute Resolution Centre (IDRC)
The UIA World Forum of Mediation Centres was created in 2001. Every nine months it brings together some of the best commercial mediation practitioners and officers of commercial mediation centres from around the world, together with lawyers, business managers, academics, trainers, and others interested in learning and sharing insights about the development and use of the mediation process. Usually there are participants from 15 to 20 or more countries in attendance, often from four or five continents, each bringing a different perspective on the use and development of mediation in their jurisdiction.
GEMME Members from Germany, Belgium and France took part as speakers in Session 5 – The Judge and the Amicable Settlement – of the Progamme on Friday 5th April.
The session delved into the multifaceted role of judges in fostering amicable settlements.
Moderator and Speaker Gérard Kuyper, Alterys Law & Mediation, Brussels, led the discussion, accompanied by speakers Camilla Hoelzer, Board of Directors GEMME EU, retired Presiding Judge and ADR-Judge at the Cologne Fiscal Court, Germany, Caroline Verbruggen, Judge at the Brussels Court of Appeal, GEMME Belgium and Frédérique Agostini, Vice President GEMME France, Judge at the Court of Cassation, Paris.
Participants gained insight into the dual responsibilities of judges: rendering judgements on case issues and facilitating voluntary dispute resolution. Civil courts play a crucial role in aiding parties to resolve disputes amicably, alleviating the need for formal court decisions.
The judges shared their perspectives on their role in the settlement process and the strategies they employ to empower parties to reach mutually satisfactory resolutions. The conversation underscored the importance of judicial involvement in settlement facilitation, shedding light on the nuanced approaches employed by judges to guide parties towards resolution.
Attendees gained valuable insights into the actual collaborative efforts between the judiciary and disputing parties, highlighting the pivotal role of judges in promoting amicable settlements within the legal systems in Germany, Belgium and France.