On September 12, 2017, the EU Parliament adopted a resolution on the implementation of the “Mediation Directive” (Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters), P8_TA-PROV(2017)032, Resolution of 12 September 2017.

According to the Resolution, mediation is used in less than 1 % of the cases in court on average in the majority of Member States. The EU Parliament acknowledges the difficulties in obtaining comprehensive statistical data on mediation, including the number of mediated cases, the average length and success rates of mediation processes. The lack of comprehensive  data makes it difficult to further promote mediation and increase public trust in its effectiveness.

However, considering that mediation achieves “significant cost savings in a wide range of civil and commercial disputes and in many cases significantly reduces the time required to resolve a dispute (see Report from the Commission COM(2016) 542), the resolution “stresses that all Member States make provision for the possibility for courts to invite the parties to use mediation”. The EU Parliament highlights the role of mediation in the field of family law (especially in proceedings concerning child custody, access rights and child abduction cases), “where it can create a constructive atmosphere for discussions and ensure fair dealings between parents”.

In this Resolution, the EU Parliament recommends that:

• Member States  boost awareness of how useful mediation is and  step up their efforts to encourage the use of mediation in civil and commercial disputes;
• the Commission develops EU-wide quality standards for the provision of mediation services, especially in the form of minimum standards ensuring consistency;
• the Commission undertakes a detailed study on the obstacles to the free circulation of foreign mediation agreements in the Union and on various options to promote the use of mediation as a sound, affordable and effective way to solve conflicts in internal and cross-border disputes.

For more information,  contact Francesca Giannoni-Crystal and Federica Romanelli