Parliament and Council have reached agreement on a proposed directive to promote the use of mediation as a faster and cheaper alternative to going to court in civil and commercial cross-border disputes. MEPs approved the Recommendation for second reading by Arlene McCarthy (PES, UK) and the common position was declared adopted without amendment.
Mediation can provide a cost-efficient and quick extra-judicial resolution of disputes. The Commission's proposal for a directive to promote its use everywhere in the EU has reached its final stage. As the common position has now been adopted, the new provisions on mediation in cross-border cases will be need to be implemented within three years.
Right to choose mediation to solve dispute
MEPs and the Council agreed that recourse to mediation must always be voluntary, even if, in some cases it is advised by a court. In any event an EU citizen who chose a mediation procedure to resolve a dispute would not thereby be precluded from recourse to an ordinary court.
To ensure that any agreement reached by the parties to mediation proceedings is enforced, the text specifies that the agreement should be applicable in all Member States.
Confidentiality ensured
The Council had endorsed MEPs' first-reading position on confidentiality, to ensure that neither mediators nor the parties involved in the proceedings may disclose information regarding the mediation.
The approved text also asks Member States to provide training for national mediators and to encourage the drawing up of voluntary codes of conduct to guarantee a fair trial. At a later stage, EU governments could post the list of trained mediators on the internet.
An opt-out means that the legislation will not apply to Denmark.
