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 the Directive, with Italy applying it to both domestic and
