The European Union actively promotes methods of alternative dispute resolution (“ADR”), such as mediation. The Mediation Directive was to be implemented by May 2011 and is now applied in the Member States. The Directive concerns mediation in civil and commercial matters.
Encouraging the use of mediation facilitates the resolution of disputes and helps to avoid the worry, time and cost associated with court-based litigation, thus enabling citizens to secure their legal rights in an efficient way.
The Mediation Directive applies to cross-border disputes in civil and commercial matters. It covers disputes in which at least one of the parties is domiciled in a Member State other than that of any other party on the date on which they agree to use mediation or on the date mediation is ordered by a court.
The principal objective of this legal instrument is to encourage the recourse to mediation in the Member States.
For this the directive contains five substantive rules:
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