Dr Ann Brady considers the role of mediation across the EU
The 2002 European Commission Consultative Paper on alternative dispute resolution (ADR) in civil and commercial law initiated a broad-based consultation on a number of legal issues relating to mediation and brought into sharp focus variations between individual member states such as: domestic legislation, or lack of it, regulating the use of mediation; provision of mediation according to the type of legal system operated; the training and regulation of mediators; costs of operating mediation services and who should bear the financial burden. Among a number of major EU initiatives following this consultative paper, two have particular significance: the European Code of Conduct for Mediators and Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters.
Code of Conduct
The European Code of Conduct for Mediators sets out the following principles to which both individual mediators and mediation services providers can voluntarily commit: competence; appointment and advertising of mediators’ services; independence; neutrality of mediators; mediation agreements; fairness of the process; the end of the process; fees and confidentiality.
The
