Lessons Learned from Implementation of the Mediation Directive the Judges’ Point of View

15-04-2011

Differences in application of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters have brought to light varied loopholes from Member State to Member State. The main obstacles holding back the development of legal mediation are essentially to be found in the practical organisation of mediation and, to a lesser extent, in the overuse of the notion of public policy. This development has also suffered, particularly at cross-border level, from mismatches in the accreditation of the training of mediators. Debate has also raged over whether mediation should be made mandatory or whether financial incentives (such as obliging parties who refuse to enter into mediation to pay the cost of proceedings) should be introduced to encourage the use thereof.

Differences in application of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters have brought to light varied loopholes from Member State to Member State. The main obstacles holding back the development of legal mediation are essentially to be found in the practical organisation of mediation and, to a lesser extent, in the overuse of the notion of public policy. This development has also suffered, particularly at cross-border level, from mismatches in the accreditation of the training of mediators. Debate has also raged over whether mediation should be made mandatory or whether financial incentives (such as obliging parties who refuse to enter into mediation to pay the cost of proceedings) should be introduced to encourage the use thereof.

Vanjski autor

Ivan VEROUGSTRAETE (Cour de justice Benelux et Cour de cassation de Belgique)