Mediation as Alternative Dispute Resolution – the functioning of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters

Mediation as Alternative Dispute Resolution – the functioning of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters

Mediation as ADR Cover - ADR DevelopmentMediation as a form of Alternative Dispute Resolution (the functioning of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters offers substantial quantifiable and non-quantifiable benefits. The EU has played a valuable role promoting it among Member States, particularly through the Mediation Directive (2008/52/EC). Studies show that the most effective way to build reliance on mediation is to integrate a mediation step into appropriate civil and commercial cases. Yet, in its current form, the Mediation Directive leaves this to Member States to decide. Mediation levels are a fraction of what they could be, resulting in tens of billions of Euros wasted each year. Seven years after its adoption, it may be time to upgrade the Directive to incorporate an integrated mediation obligation for Member States.

 

 

 

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