Ministry of Justice
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Agreement of an EU Directive on Mediation
Another important tool to help EU citizens and businesses resolve cross-border legal disputes has been agreed.
The European Parliament and the Council have both approved a Directive on mediation covering civil, commercial and family matters.
Bridget Prentice, Parliamentary Under Secretary of State at the Ministry of Justice said: "The Government believes that courts should be the last resort for people involved in civil or family disputes and has supported this proposal as a means of encouraging the use of mediation in cross-border disputes throughout the European Union. The UK gave priority to this initiative in the early stages of its negotiation during our Presidency of the EU in 2005 and I welcome its agreement."
In addition to encouraging the use of mediation in cross-border disputes the Directive provides, for the first time, a framework around which parties can proceed with mediation safe in the knowledge that, should the mediation fail, matters that were raised will be kept confidential by mediators and that they will not lose the opportunity to take their dispute to court by the expiration of limitation periods.
Notes For Editors
The European Commission issued its proposal for a Directive in October 2004. European Justice Ministers reached a common understanding on most aspects of the proposal during the UK Presidency of the EU in December 2005 and the European Parliament gave its first opinion in March 2007. Having considered the European Parliament's opinion the Council of European Justice Ministers reached a final agreement on the text in November 2007. Following agreement of the Council's text by the European Parliament in April 2008 the Directive has now been adopted. Member States will have until June 2011 to comply with its provisions.
A cross-border dispute is one in which at least one of the parties is domiciled or habitually resident in a Member State other than that of any other party at the time of the mediation or where court proceedings or arbitration following a mediation are initiated in a Member State other than that in which the parties are domiciled or habitually resident.
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