DE ROOJJAGTENBERG Vredemakers(Leyden Peacemakers). Voltaire familiarised his French readers with this institution and the lawmakers of the french revolution era re-introduced the peacemakers as Bureaux de Paix, and subsequently Juges de Paix in France and the Netherlands, a fascinating example of a legal transplant. As from the introduction of Juges de pair(in Dutch: Vrederechters, and ater Kantonrechters) it was not uncommon to find judges acting as mediators in the courtroom. 5 This in-court mediation used to be practised in family disputes, particularly divorce cases, often with the aim to save the marriage. In the Netherlands and various other jurisdictions on the European continent, the codes of civil procedure dictated a judical attempt at mediating a case, often prior to a full hearing in court. Such prelim inary conciliations however, were abolished almost every where in Europe in the 1950s and 1960s Mediation also used to be practised outside the courts. Industral relations and la bour disputes constitute an illustrative area here. First traces of labour dispute settlement outside the courts appea red in the second half of the 19th century originally as private initiatives. In this newly emerging area of aw, conciliation mediation and arbitration, for some time, even became the regular modes of dispute resolution with, however, vary ing degrees of success Success appeared to correlate positively with the voluntary character of these 19th century institutions. As soon as their proceedings became compulsory, their success was on the wane In 1923 the Dutch govemment introduced the institution of the Rijksbemidde laar(Govemment Mediator), which not reta ined after World War Il. It was not embedded in the emerging consultation schemes between employers and unions and therefore met little acceptance Other foms of alternative dispute resolution proliferated throughout the Netherlands during the period 1950-1990. In commercial disputes, arbitration ecame a popular, institutiona lised option, for reasons of expertise, confidentiality and the opportunities for intemationalenforcement of arbitral a wards In the new area of consumer bw a trend of settling disputes through so-called Geschillencommissies(Disputes Committees) emerged. In the Netherlands, the activities of these bodies are characterised as quasi rechtspraak (quasiadjudication) Generally, they are composed of an independent-la wyer, acting as cha irperson, who Raa ten CMGDeoorsprong nan de kantonrechter(Khwer, Deventer 1970), Professor ten Raa was one of the pioneers ofhistorical-comparative research into med ation; hi research g at Erasmus University produced a large number of publications on the subject. 5 Raa ten CMg1970 above Bone vonEKELejuge de paix( Centre d Histoire Judiciaire, Lille 1995) De roo A j and Jagtenberg R W setting labour disputes n Europe(Khuwer Law and Taxation, Deventer/ Boston 1994). Jacobs W AADR en Con siament: een rechtsvergeli kend studie maar de mogelijkheden van alternatieve geschillenbeslechting(Kluwer, Deventer 1998). If Disputes Committees meet the requirements of mpartality, equal representation of the interested organisations and proper information on the working of their procedures, they may look for financil support to the govemment At present, there are 28 Disputes Committees which meet these requirements.DE ROO/JAGTENBERG 2 Vredemakers (Leyden Peacemakers). Voltaire familiarised his French readers with this institution and the lawmakers of the French revolution era re-introduced the peacemakers as Bureaux de Paix, and subsequently Juges de Paix in France and the Netherlands; a fascinating example of a legal transplant.4 As from the introduction of Juges de Paix (in Dutch: Vrederechters, and later Kantonrechters) it was not uncommon to find judges acting as mediators in the courtroom. 5 This in-court mediation used to be practised in family disputes, particularly divorce cases, often with the aim to save the marriage.6 In the Netherlands and various other jurisdictions on the European continent, the codes of civil procedure dictated a judicial attempt at mediating a case, often prior to a full hearing in court. Such preliminary conciliations however, were abolished almost everywhere in Europe in the 1950s and 1960s. Mediation also used to be practised outside the courts. Industrial relations and labour disputes constitute an illustrative area here. First traces of labour dispute settlement outside the courts appea red in the second half of the 19th century, originally as private initiatives. In this newly emerging area of law, conciliation, mediation and arbitration, for some time, even became the regular modes of dispute resolution with, however, varying degrees of success. Success appeared to correlate positively with the voluntary character of these 19th century institutions. As soon as their proceedings became compulsory, their success was on the wane. In 1923 the Dutch government introduced the institution of the Rijksbemidde￾laar (Government Mediator), which not retained after World War II. It was not embedded in the emerging consultation schemes between employers and unions and therefore met little acceptance.7 Other forms of alternative dispute resolution proliferated throughout the Netherlands during the period 1950-1990. In commercial disputes, arbitration became a popular, institutionalised option, for reasons of expertise, confidentiality and the opportunities for international enforcement of arbitral awards. In the new area of consumer law a trend of settling disputes through so-called Geschillencommissies (Disputes Committees) emerged.8 In the Netherlands, the activities of these bodies are characterised as quasi rechtspraak (quasi adjudication).9 Generally, they are composed of an independent-lawyer, acting as chairperson, who 4. Raa ten C M G De oorsprong van de kantonrechter(Kluwer, Deventer 1970); Professor Chris ten Raa was one of the pioneers of historical-comparative research into mediation; his research group at Erasmus University produced a large number of publications on the subject. 5. Raa ten C M G 1970, above. 6. Bóné von E K E Le juge de paix (Centre d Histoire Judiciaire, Lille, 1995). 7. De Roo A J and Jagtenberg R W Settling Labour disputes in Europe (Kluwer Law and Taxation, Deventer/Boston 1994). 8. Jacobs W A ADR en Consument: een rechtsvergelijkend studie naar de mogelijkheden van alternatieve geschillenbeslechting (Kluwer, Deventer 1998). 9. If Disputes Committees meet the requirements of impartiality, equal representation of the interested organisations and proper information on the working of their procedures, they may look for financial support to the government. At present, there are 28 Disputes Committees which meet these requirements