Of Interest
EU Directive on Mediation
Posted on 06 August 2008 at 18:52
The EU Directive on mediation was at last adopted on 21 May 2008, aiming to bring together certain aspects of mediation in civil and commercial matters across the EU.
The key components of the Directive are as follows:
• Judges in member states, at any stage of proceedings, can refer parties to mediation or invite parties to have recourse to mediation.
• Agreements reached at mediation should be able to be made directly enforceable.
• Mediators should be protected from being called to give evidence about what took place during mediation in subsequent judicial proceedings.
• The time that parties spend in mediation should not prevent them from going to court by the expiry of limitation periods.
• In the interests of quality control, Member States should encourage adequate training for mediators, and the development of, and adherence to, voluntary codes of conduct.
EU Member States have 36 months from the date of publication of the Directive to incorporate the Directive into their respective national laws. Click link below to see the EU press release:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/628&
Reference: Out of Court
A quarterly magazine from the Proportionate Dispute Resolution Team
AUGUST 2008
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