Activities of Arlene McCARTHY related to 2011/2026(INI)
Plenary speeches (2)
Directive on mediation in the Member States (debate)
Directive on mediation in the Member States (debate)
Reports (1)
REPORT on the implementation of the directive on mediation in the Member States, its impact on mediation and its take-up by the courts PDF (137 KB) DOC (70 KB)
Amendments (10)
Amendment 1 #
Motion for a resolution
Citation 3
Citation 3
– having regard to the hearings held by the Committee on Legal Affairs on 20 April 2006 and, 4 October 2007 and 23 May 2011,
Amendment 2 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, besides predictability, the Directive aims to establish a framework that preserves the main advantage of mediation, flexibility; whereas these two requirements should guide Member States when drawing up national laws implementing the Directive,
Amendment 6 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Commission has included in its Work Programme for 2011 a legislative proposal on Alternative Dispute Resolution,
Amendment 8 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Observes that, pursuant to Article 6 of the Directive, the majority of Member States have a procedure for giving the mediation settlement agreement the same authority as a judicial decision; notes that this is achieved either by submitting it to the court or having the agreement notarised, and that it appears that most national legislations have opted for the former solution: for instance, whereas in Greece and Slovenia the law provides that a mediation agreement record may be enforced by the courts, in the Netherlands agreements can be rendered enforceable as notarial deeds; calls on the Commission to ensure that all Member States that do not yet comply with Article 6 of the Directive do so without delay;
Amendment 11 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Observes that compulsory mediation appears to be achieving the objective in the Italian legal system by relieving congestion in the courts; nevertheless stresses that mediation should be promoted as a viable, low-cost and quicker alternative form of justice rather than a compulsory aspect of the judicial procedure;
Amendment 12 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that parties who are willing to work toward resolving their case are more likely to work with one another than against one another; believes that therefore these parties are often more open to consideration of the other party’s position and work on the underlying issues of the dispute; considers that this often has the added benefit of preserving the relationship the parties had before the dispute, which is of particular importance in family matters involving children;
Amendment 15 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes that solutions resulting from mediation and developed between parties could not be provided by a judge or a jury; believes, therefore, that mediation is more likely to produce a result that is mutually agreeable, or ‘win-win’, for the parties; notes that, as a result, acceptance of such an agreement is more likely and compliance with mediated agreements is usually high;
Amendment 16 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Believes that there is a need for increased awareness and understanding of mediation, and calls for further action relating to education, growing awareness of mediation, enhancing mediation uptake by businesses and requirements for access to the profession of mediator;
Amendment 17 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Considers that national authorities should be encouraged to develop programmes in order to promote adequate knowledge of alternative dispute resolution; those actions should address the main advantages of mediation: cost, success rate and time efficiency, and should concern lawyers and businesses, in particular SMEs, as well as academics;
Amendment 18 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)