Mediation and Private International Law: Improving Free Circulation of Mediation Agreements Across the EU

Abstract

This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs upon request by the JURI Committee, examines the issues arising in the context of cross-border mediation. Cross-border litigation has increased steadily in recent years in Europe as a consequence of the consolidation of the European unification process. The enactment of Directive 2008/52/EC has certainly led to the presence of mediation legislation in the EU Member States. But many important differences can still be ascertained in relation to the legal framework developed, which affect key aspects of mediation. For mediation to obtain full endorsement by citizens in the future, at least as regards cross-border disputes, full circulation of the settlement reached in any Member State across the whole Union should be ensured. For this to be done, there should be not only a minimum set of common private international law rules on key aspects of cross-border mediation, but also quick, affordable and simple ways to achieve the enforcement of cross-border settlements throughout the Union.

Keywords: mediation, mediation settlement, circulation of mediation settlements, enforcement of mediation settlements, europea union, recognition and enforcement

JEL Classification: J52, K41, K4