1. GENERAL 

Sweden has implemented Directive 2008/52/EC, resulting in the 2011 Mediation Act, but has not incorporated the UNCITRAL Model Law on International Commercial Conciliation.

 

2. THE MEDIATION ACT

 

By establishing three legal pillars for mediation outside of court proceedings the Mediation Act renders that support for the mediation practice which the Directive aims at. They are:
(i) mediators and their assistants are bound by a duty of confidentiality, (ii) limitation periods are put on hold and (iii) the parties can have their settlement agreement declared immediately enforceable upon application to the court.

The Mediation Act does not provide rules for the proceedings, other than that the proceedings shall be structured and shall be voluntary at all stages.

 

3. NO OBLIGATION TO MEDIATE. 

 

There is a broad understanding that mediation in order to be effective need be based on the parties’ voluntary commitment at all stages.

 

4. TRENDS

 

One can see a growing awareness of the fact that the Mediation Act has changed the business dispute landscape by establishing mediation as a dispute resolution procedure capable of producing an enforceable result, just like court or arbitration proceedings. In-house counsel and business people were the first to see this.Some law firms have been a bit slow in adding mediation skills to the toolbox.