THE EUROPEAN UNION DIRECTIVE ON MEDIATION

A European Union directive on mediation of certain aspects in civil and commercial matters was passed in 2008 with the objective of facilitating the amicable settlement of disputes among Europeans. The scope of the mediation directive is limited to cross-border disputes. More specifically, it applies to disputes in which at least one of the parties is domiciled or habitually resident of a member state other than that of the other parties at the time the mediation is agreed upon.

The following questions have been addressed in this article:

How does the EU Directive on Mediation define the mediation process?
How is confidentiality regulated by the EU directive on mediation?
What is the court’s role in facilitating mediation?
What are the implications of Article 5 of the Directive on the right of access to court?
Does the Directive limit the application of its mediation provisions only to cross-border disputes?

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