New European Directive on Mediation

 

The European Parliament recently adopted a Directive on certain aspects of mediation in civil and commercial matters. The purpose of the Directive is to facilitate access to dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a sound relationship between mediation and judicial proceedings.

 

The Directive addresses a number of important aspects, such as training, quality, judicial encouragement of the use of mediation, the confidentiality of the process, the enforcement of agreements resulting from mediation and the effect of mediation on limitation and prescription periods.

 

The Directive applies to cross-border disputes, although it may well encourage Member States to apply the provisions of the Directive to internal mediation processes.

 

Click here to read the key components of the Directive and here to read more about the Directive.