header-logo header-logo

26 May 2011 / Emily Lew , David Phillips
Issue: 7467 / Categories: Features , Procedure & practice , Mediation
printer mail-detail

At cross purposes?

David Phillips & Emily Lew discuss the merits & limitations of the EU Mediation Directive

The EU Directive on mediation in civil and commercial matters was adopted by the European Parliament on 23 April 2008. The Directive applies only to European cross-border disputes, rather than to disputes within any one member state and covers five broad areas. These are:

(1) encouragement by member states of mediator training and the development and adherence to a voluntary code of conduct;

(2) judicial powers to invite parties
to mediate;

(3) obligations on member states to ensure mediation settlement agreements are enforceable as if they are court judgments (should all parties consent);

(4) confidentiality of mediations such that submissions made during a mediation cannot be used in subsequent judicial proceedings if the mediation fails; and

(5) the suspension of limitation periods while parties mediate.

EU member states (except Denmark, which has opted out) had until 21 May 2011 to implement the new rules into national law. Estonia, France, Italy and Portugal have already notified the Commission that they have implemented

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll