How (not) to Regulate Mediation. The Effects of The Strict Hungarian Provisions on Online Mediation

Gergely L. Szőke


Since the mediation is a more or less informal procedure, the first question is whether (legal) regulation of mediation is needed at all, or the framework of the civillaw is suitable for mediation. The second issue is the subject matter of the regulation: which elements (principles, the process of the mediation, the legal effect of thesettlement agreement, etc.) of the mediation procedure should be regulated. The third question is the flexibility of regulation. Should the law allow the parties to depart from the provisions by using special contract terms or the law should prescribedetailed and strict rules for the parties? Finally, I’m going to analyse the provisionsof the Hungarian Mediation Act, and compare it with some other mediation acts and recommendations concerning mediation. Finally, I’m going to show the (negative) effect of the strict and detailed regulation on online mediation.

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