European Commission

1
The draft Directive on certain aspects of
mediation in civil and commercial matters
Living in an area of freedom, security and justice
Markus Zalewski DG Justice, Freedom and
Security Unit C.1 - Civil Justice
European Commission
Directorate-General Justice, Freedom and Security
2
The draft Directive on mediation
Overview A. Preparing the ground for the
Directive B. Contents of the Directive - Five
basic rules C. Scope of the Directive D. Legisla
tive process - Codecision E. Next steps
Living in an area of freedom, security and justice
European Commission
Directorate-General Justice, Freedom and Security
3
The draft Directive on mediation
A. Preparing the ground for the Directive

• 1999 European Council in Tampere
• 2002 Publication of the Green Paper on ADR
  (COM(2002) 196 final)
• 2003/ Elaboration of the European Code
  2004 of Conduct for Mediators
• 2004 Publication of the Commission proposal
  (COM(2004) 718 final)

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice, Freedom and Security
4
The draft Directive on mediation
B. Contents of the Directive - Five basic rules

• Ensuring quality of mediation
• Recourse to mediation
• Enforceability of settlement agreements
• Confidentiality of mediation
• Effect of mediation on limitation and
  prescription periods

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice, Freedom and Security
5
The draft Directive on mediation
C. Scope of the Directive

• Civil and commercial matters include
  mediation in family,
• consumer and employment matters
• Limitation to cross-border cases, but broad
  definition
• domicile or habitual residence in different
  Member States
• rules on confidentiality and on limitation and
  prescription
• periods apply to mobile conflicts
• Member States are free to apply the Directive
  also to internal mediation processes

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice, Freedom and Security
6
The draft Directive on mediation
D. Legislative process - Codecision

• Transmission of the Commission proposal to the
  Council and the EP on 22 October 2004
• Negotiations in the Council common understanding
  on a text in December 2005
• Discussions in the EP 1st reading opinion in
  March 2007
• Council and EP political agreement in November
  2007
• Council Common Position adopted on 28 February
  2008

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice, Freedom and Security
7
The draft Directive on mediation
E. Next steps

• EP second reading within three months after the
  transmission of the Council Common Position
• If approval, adoption of the Directive under SI
  Presidency
• Implementation period three years after adoption
• Guidance to Member States to ensure the proper
  implementation of the Directive

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice, Freedom and Security
8
The draft Directive on mediation
Further information http//ec.europa.eu/civilju
stice/adr/adr_ec_en.htm e-mail
markus.zalewski_at_ec.europa.eu
Living in an area of freedom, security and justice
European Commission
Directorate-General Justice, Freedom and Security