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Directive 2008/52/EC on �certain aspects of mediation�in civil and commercial matters

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Directorate-General Justice and Consumers

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Unit A.1 Civil justice

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Scope

  • ‘Civil and commercial matters’ include mediation in family,
  • consumer and employment matters

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  • Limitation to ‘cross-border cases’, but broad definition:�
  • - Parties’ domicile or habitual residence in different MS

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  • - Member States are free to apply the Directive also to internal mediation processes

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Content of the Directive – �Five basic principles�

  • Ensuring the quality of mediation

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  • Recourse to mediation

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  • Enforceability of settlement agreements

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  • Confidentiality of mediation

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  • Effect of mediation on limitation and prescription periods

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Implementation�

  • Entry into force on: 13 June 2008
  • Transposition by: 21 May 2011

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  • Continuing cooperation with other international organisations active in the area, such as the Council of Europe and UNCITRAL

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  • Provision of funding for mediation training through the Justice Programme

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