EU Parliament endorses Mediation Directive

Resource type: Legal update: archive

Status: Published on 25-Apr-2008

Jurisdiction: European Union

The European Parliament has adopted the directive on certain aspects of mediation in civil and commercial matters. The vote took place on 23 April 2008, earlier than expected. Each Member State must enact national legislation to give effect to the rules within 3 years. Therefore, by April 2011, there will be European-wide legislation aimed at facilitating mediation for resolving civil and commercial disputes.

Key elements of the directive include:
  • The development and use of voluntary codes of conduct and quality control mechanisms.
  • Judges to have the right to invite parties to attempt mediation.
  • Agreements reached through mediation may be given similar status to court judgments to aid enforcement.
  • To preserve confidentiality, submissions and disclosure in mediation may not be used in any subsequent legal proceedings and mediators may not be compelled to give evidence in any subsequent legal proceedings.
  • Parties' claims will not be statute-barred as a result of time spent on mediation.

Source: European Parliament
PLC Dispute Resolution

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  • Resource ID: 3-381-3693
  • Published: 25-Apr-2008
  • Products:  PLC UK Dispute Resolution, PLC UK Public Sector
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