Directive 2008/52 / EC (Mediation Directive)
 Directive 2008/52 / EC |
|
|---|---|
| Title: | Directive 2008/52 / EC of the European Parliament and of the Council of May 21, 2008 on certain aspects of mediation in civil and commercial matters |
| Scope: | EU |
| Legal matter: | Civil , commercial law |
| Basis: | EC Treaty , in particular Article 61 letter c and Article 67 paragraph 5 second indent |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
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To be implemented in national law by: |
November 21, 2010 Public notification of the competent courts and public authorities by the Commission May 21, 2011 in full |
| Reference: | OJ L 136 of May 24, 2008, pp. 3–8 |
| Full text |
Consolidated version (not official) basic version |
| The regulation must have been implemented in national law. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Directive 2008/52 / EC on certain aspects of mediation in civil and commercial matters , in short Mediation Directive is a Directive of the European Community for mediation within the European Economic Area .
Its provisions expressly apply only to mediation in cross-border disputes, although the member states are free to apply them to internal mediation procedures as well.
Like all European directives, the directive is addressed to the member states and therefore had to be transposed into national law by the individual member states. Before 21 May 2011, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive.
The directive does not apply to Denmark.
Content of the policy
The Mediation Directive regulates, among other things, the enforceability of agreements reached in mediation in disputes that exceed EU borders, confidentiality with regard to the mediators and the persons involved in mediation with regard to possible arbitration or court proceedings , and the suspension of the statute of limitations for the duration that is required for mediation.
- Article 1: Objective and Scope - The aim is to "facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and ensuring a balance between mediation and legal proceedings."
- Article 2: Cross-Border Disputes - Definition.
- Article 3: Definitions - definition of "mediation" and "mediator".
- Article 4: Ensuring the quality of mediation - with regard to codes of conduct and quality control procedures as well as the training and further education of mediators.
- Article 5: Use of mediation
- Article 6: Enforcement of an agreement reached through mediation
- Article 7: Mediation confidentiality
- Article 8: Effect of mediation on limitation periods
- Article 9: Information to the general public
- Article 10: Information on competent courts and bodies
- Article 11: Review - the European Commission has to review the Mediation Directive in 2016 and, if necessary, submit proposals for adjustments.
- Article 12: Implementation
- Article 13: Entry into force
- Article 14: Addressees
International context
There is currently (as of 2015) no international agreement on the enforceability of an agreement reached through mediation. After the USA submitted the proposal in July 2014 that UNCITRAL Working Group II should develop a corresponding convention (analogous to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ), the working group held corresponding deliberations in New York in February 2015.
See also
- Alternative dispute resolution
- Directive 2013/11 / EU on the alternative settlement of consumer disputes (ADR Directive)
- Regulation (EU) No. 524/2013 on the online settlement of consumer disputes (ODR regulation)
- European code of conduct for mediators
- Foreign contact
- International private law
- International civil procedure law
literature
- Klaus J. Hopt, Felix Steffek (Ed.): Mediation. Principles and Regulation in Comparative Perspective . Oxford University Press, 2013, ISBN 978-0-19-965348-5 (English).
- Giuseppe de Palo: EU Mediation Law and Practice . Oxford University Press, 2012, ISBN 978-0-19-966098-8 (English).
- Dennis Wenzel: "Justitia ohne Schwert" - The recent development of extrajudicial and judicial mediation in Germany . Dr. Kovac, 2014, ISBN 978-3-8300-8020-6 (presentation of the mediation guidelines in Chapter 3).
Web links
- Directive 2008/52 / EC of the European Parliament and of the Council of May 21, 2008 on certain aspects of mediation in civil and commercial matters
- Mediation in the EU (summary of the directive)
- M. Hakenberg: New impulses from the EU: Structures for alternative dispute resolution should be improved. ( Memento of March 4, 2016 in the Internet Archive ) In: Publicus. 8/2014.
- Out-of-court dispute resolution in Europe , Germany Trade & Invest (GTAI), June 13, 2014
Individual evidence
- ↑ On the report prepared in 2016: Report on the application of Directive 2008/52 / EC , August 26, 2016.
- ↑ Lorraine Brennan: Do We Need a New York Convention for Mediation / Conciliation? Mediate.com, February 2015, accessed May 23, 2015 .