In the EU there was an absence of uniformity in legislation across the Member States, particularly when it came to mediation. The different individual frameworks failed to fully address the increasing levels of cross-border Business to Business (B2B) disputes.
At the request of the European Commission Directorate General for Justice, a study was carried out by ADR Center jointly with Ecorys , as part of the preparation of possible new initiatives dealing with ADR in B2B disputes, complementing the instrument on ADR for B2C disputes, and complementing the Mediation Directive and the Brussels I Regulation. The general policy objective of this study was to provide the European Commission with an accurate and comprehensive view of European businesses’ use of Alternative Dispute Resolution (ADR). To achieve this, the study had the following specific objectives:
The report analyzed data collected by the study team from national experts, case studies, and questionnaires resulting in a comprehensive overview of legal frameworks across the EU Member States and broad analysis of the problems of B2B disputes and possible solutions.
European Commission Directorate General for Justice