In the last 10 years or so, mediation has become a common means of resolving disputes in the London insurance and reinsurance markets. In Germany, however, the position is quite different and mediation has not really taken hold as a dispute resolution process.
On 1 September 2017 a new mediation regulation will come into effect in Germany requiring higher standards for so called “certified” mediators. Under the new rules, a certified mediator will need to complete 120 hours of training as well as gain experience through the supervised conduct of four cases within two years of finishing his training.
Unfortunately, the new regulation may not help to make mediation more popular in the German insurance industry. In part this is because the industry will only be able to take advantage of the new regulation if certified mediators have a special knowledge and experience of the insurance market. This will be a condition precedent to ensuring an effective procedure in the mediation and to the identification of appropriate solutions. Potential candidates from the insurance industry may, however, face practical difficulties in fulfilling the new training requirements and in finding the time and opportunity to take on the required four supervised mediations within two years which will be required for certification.