Mediation in Svalbard and Jan Mayen Islands

Quick Facts

• Legal Framework: Svalbard and Jan Mayen are territories of Norway governed by Norwegian legal framework. Norwegian Arbitration Act of 2004 is primary source for arbitration law regulating both domestic and internation...
• Cultural Approach: The approach to dispute resolution follows Norwegian legal traditions. Growing awareness of benefits of arbitration especially in international commercial disputes. Party autonomy is upheld allowing p...
• Typical Costs: Costs determined by institutional rules and fee schedules. Party autonomy allows parties to determine procedures and costs. Costs typically shared between parties unless otherwise agreed. Professional...

Mediation Research

Legal Framework

Svalbard and Jan Mayen are territories of Norway governed by Norwegian legal framework. Norwegian Arbitration Act of 2004 is primary source for arbitration law regulating both domestic and international arbitration. The Act is largely based on UNCITRAL Model Law providing modern and internationally recognised system. Norway is party to New York Convention. Svalbard Treaty governs certain legal aspects particularly regarding sovereignty and jurisdictional matters.

Court System

If party attempts to litigate matter in court despite existing arbitration agreement, courts are likely to stay court proceedings and refer dispute to arbitration. Norwegian courts may intervene if parties cannot agree on number of arbitrators or appointment. Courts may also appoint arbitrators through arbitration institutions. Further research needed on specific court-annexed mediation programs.

Mediator Regulations

Arbitrators are required to be independent and impartial. They must disclose any potential conflicts of interest. Parties can challenge appointment of arbitrator on grounds of bias or lack of impartiality. Professional standards established through Norwegian Arbitration Act and institutional rules. Further research needed on specific mediator certification processes.

Cultural Approach

The approach to dispute resolution follows Norwegian legal traditions. Growing awareness of benefits of arbitration especially in international commercial disputes. Party autonomy is upheld allowing parties to determine rules, procedures and venue. Further research needed on specific cultural approaches to mediation.

Typical Costs

Costs determined by institutional rules and fee schedules. Party autonomy allows parties to determine procedures and costs. Costs typically shared between parties unless otherwise agreed. Professional mediator fees in Norway generally range from NOK 1,500-4,000 per hour for commercial mediation and NOK 1,000-2,500 per hour for family mediation. Norwegian legal aid may be available for eligible parties.

Sources

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• New York Convention - Norway (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions