Evolving Paths to Justice: Assessing the EU Directive on Mediation

PROCEEDINGS OF THE SIXTH ANNUAL CONFERENCE ON INTERNATIONAL ARBITRATION AND MEDIATION, Fordham University Law School, Martinus Nijhoff Publishers, 2012

Fordham Law Legal Studies Research Paper No. 1942391

19 Pages Posted: 11 Oct 2011

Date Written: October 11, 2011

Abstract

For more than thirty years, Europe has been engaged in reform efforts to achieve better methods of securing access to justice. As part of this process, the European Union issued a mediation directive in 2008 that required member states to implement structures for the mediation of cross-border commercial disputes by May 2011. While it did not introduce any radical changes in EU dispute resolution processing, the Directive signaled a strong preference for the problem-solving approach of mediation. It provided a common set of rules to govern mediation practice in the EU, thereby enhancing the legitimacy and credibility of mediation as a dispute resolution process. In adopting the Directive, the EU offered a strong institutional framework to guide mediation practice, a significant support in view of the challenges in dealing with different national laws, languages and cultures. This paper examines the current status of the Directive and assesses the developing legal culture that it is creating.

Suggested Citation

Nolan-Haley, Jacqueline M., Evolving Paths to Justice: Assessing the EU Directive on Mediation (October 11, 2011). PROCEEDINGS OF THE SIXTH ANNUAL CONFERENCE ON INTERNATIONAL ARBITRATION AND MEDIATION, Fordham University Law School, Martinus Nijhoff Publishers, 2012; Fordham Law Legal Studies Research Paper No. 1942391. Available at SSRN: https://ssrn.com/abstract=1942391

Jacqueline M. Nolan-Haley (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6849 (Phone)
212-636-6899 (Fax)

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