All EU Member States should now have measures in place to transpose the EU legislation. However, nine countries have not yet notified all national measures needed to fully implement the Directive. As a result, the European Commission began legal proceedings by sending “letters of formal notice” to the following countries: The Czech Republic, Spain, France, Cyprus, Luxembourg, the Netherlands, Finland, Slovakia and the United Kingdom. The countries have two months to respond.
„Access to justice is a cornerstone of the European area of justice,” said Vice-President Viviane Reding, EU Commissioner for Justice. „Mediation is an important alternative to going to court in cross-border disputes and can help parties find an amicable settlement. It saves time, money and spares parties involved in already emotional family cases the additional trauma of going to court. I call on the remaining nine Member States to urgently finalise transposition so that citizens and businesses can fully enjoy their rights.”
Member States are to make sure mediated agreements can be enforced. According to an EU-funded study, the time wasted by not using mediation is estimated at an average of between 331 and 446 extra days in the EU, with extra legal costs ranging from €12,471 to €13,738 per case.
Background
Directive 2008/52/EC on mediation in civil and commercial matters was adopted on 23 April 2008 (IP/08/628). The Commission proposed the Directive in October 2004 (IP/04/1288).
Mediation can solve problems between businesses, employers and employees, landlords and tenants, or families, so that they can maintain and even strengthen their relationship in a constructive way – a result that cannot always be achieved through court proceedings. Settling disputes out of court spares justice systems’ resources and can potentially cut legal costs. A crucial element in any mediation is trust in the process, especially when two parties come from different countries. EU rules therefore encourage Member States to provide quality control, establish codes of conduct and offer training to mediators to make sure there is an effective mediation system in place.
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