Political and judicial support for mediation is increasing, says Steven Friel
The political and judicial arguments in favour of mediation as a preferred form of dispute resolution have been recently strengthened. On the political level, the EU has approved a new Mediation Directive (Directive 2008/52/EC) to encourage the use of mediation in cross-border disputes. This Directive has been supported throughout by the British government, which has indicated that it welcomes the final version. As to the judiciary, Sir Anthony Clarke MR, on 8 May 2008 gave a speech in which he called for mediation to become an integral part of our litigation culture, going so far as to support the notion of compulsory mediation in certain cases.
As long ago as October 1999, the heads of state or government of the EU member states called for the creation across Europe of alternative, extrajudicial procedures for dispute resolution to improve access to justice at the European level. Following a 2002 green paper on the subject, two initiatives were agreed. The first, a European Code
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