STUDY ON THE IMPLEMENTATION OF THE MEDIATION DIRECTIVE (NEGOTIATED PROCEDURE IP/C/JURI/IC/2013-062)

ADR Center was commissioned by the European Parliament to comprehensively examine drivers for mediation in the EU and provide recommendations increasing the use and reliance on mediation in the EU.

ADR Center exhaustively surveyed ADR professionals, providers, and academics across the EU and obtained feedback on the various national experiences gained from transposing the EU Directive on Mediation into national legal orders, identifying the reasons why despite this Directive mediation is not used more frequently, and assessing possible measures and proposals that could be adopted in order to encourage a more systematic use of mediation.

The result of this project was the 2014 Study: “Rebooting the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU”, issued in February 2014. This Study set forth key observations from the various systems across the EU and made recommendations for amendments to EU’s Mediation Directive (2008/52/EC) to increase mediations following best practices observed in Europe. There is no recent study of comparable scope, depth and institutional importance than this Study.