Activites

• 2008/05/24 Final act published in Official Journal
  • Directive 2008/52
  • OJ L 136 24.05.2008, p. 0003
• 2008/05/21 Final act signed
• 2008/05/21 End of procedure in Parliament
• 2008/04/23 Decision by Parliament, 2nd reading
  • T6-0166/2008 summary

    The European Parliament adopted a legislative resolution approving the Council common position for adopting a directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters. The report was tabled for consideration in plenary by Arlene McCARTHY (PES, UK) on behalf of the Committee on Legal Affairs.

• 2008/04/14 Committee recommendation tabled for plenary, 2nd reading
  • A6-0150/2008
• 2008/04/08 Vote in committee, 2nd reading
• 2008/03/13 Committee referral announced in Parliament, 2nd reading
• #2853
• 2008/02/28 Council Meeting
  • 15003/5/2007 summary

    The Council’s common position, for the most part, corresponds to the text of the political agreement formed in November 2007 – the result of negotiations between the Council, the Commission and the European Parliament.Recitals: The Council accepted, in substance most of the amendments relating to the recitals, albeit that many have been redrafted and inserted in a different order. The Council has inserted some new recitals that seek to explain certain aspects of the draft Directive. For example, the Council acknowledges that modern communication technologies are bound to be increasingly used in the mediation process. The Council has also made clear that the draft Directive does not lay down enforcement rules and the current Member State enforcement rules remain unaffected by the Directive. Additionally, in order to abide by the Interinstitutional agreement on better lawmaking, the Council has inserted a new recital that encourages the Member States to draw up correlation tables when implementing the Directive.Articles:Amendments, which to a large extent mirror the text of the common understanding (dating back to the December 2005) have largely been accepted.In regard to other measures, the Council’s common position:has accepted a new Article on the cross-border nature of the Directive, but has redrafted the provision to some extent;has agreed to specifically mention that the mediation process is of a voluntary nature (and as a result has decided not to insert a new paragraph as originally proposed by Parliament);has decided to maintain the text of the common understanding regarding mediator requirements;has decided not to accept an amendment which would have made is impossible for mediation parties to disclose information concerning the mediation process and that the ban on disclosure should also cover disclosure to third parties. By maintaining the text of the common understanding, the Council has decided not to oblige Member States to ensure that those involved in a mediation process will not have the right to give evidence;has decided not to publish the “European Code of Conduct for Mediators” in the Official journal given that the Code is not an officially adopted text. It is, however, referred to in Recital 17 of the common position;has decided to accept a review clause, albeit with different wording. The Council was, however, unable to accept the suggestion concerning harmonised limitation and prescription periods;has decided not accept an amendment concerning the implementation of voluntary agreements. This has been rejected on the grounds that it would be impossible for legal reasons. On the other hand, and in order to make it clear that existing self-regulating mediations systems can be maintained, in so far as they deal with all aspects not covered by the Directive, a sentence to this effect has been inserted in one of the recitals;has decided to propose different dates for the Directive’s compliance. The Member States will now have 36 months from the date of adoption to comply with the Directive.To conclude, the Council considers its common position to be a well-balanced text that faithfully reflects the agreement reached with Parliament in October 2007.

• #2827
• 2007/11/08 Council Meeting
• 2007/03/29 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0088/2007 summary

    The European Parliament adopted the resolution drafted by Arlene McCarthy (PES, UK) and made some amendments which sought to clarify and improve on the original proposal. The main amendments are as follows:- the definitions of mediator and mediation are modified. "Mediation" means a structured process of a voluntary nature, however named or referred to, where two or more parties to a dispute attempt themselves to reach an agreement on the settlement of their dispute with the assistance of a mediator. This process may be initiated by the parties or suggested or ordered by a court or prescribed by the law of a Member State , provided that the voluntary nature of mediation is respected. It includes mediation conducted by a judge who is not responsible for any judicial proceedings in that dispute. However, it does not include attempts made by the court or judge seised to settle a dispute within the course of judicial proceedings concerning that dispute. "Mediator" means any third person who is appointed in circumstances giving rise to a reasonable expectation that the mediation will be conducted in a professional, impartial and competent way; - there is a new clause on the European Code of Conduct for Mediators, in order to see that quality standards are ensured. Member States must encourage the development of a system of certification of national bodies offering training courses in mediation;- the provisions on recognition and enforcement are amended to make sure that they are legally watertight and respect the legal traditions of the various Member States;- regarding scope, the amendments make it clear that the directive will  not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii). The Directive will apply if, as at the date on which the parties agree to mediate, at least one of them is domiciled or habitually resident in a Member State other than the Member State of any other party. Notwithstanding this provision, Articles 6 and 7 (relating to confidentiality) shall apply in relation to judicial proceedings following a mediation if, as at the date on which the parties agree to mediate, the court that would be seised in the event of any subsequent judicial proceedings would be in a Member State other than a Member State in which at least one of the parties is domiciled or habitually resident;- the provisions on confidentiality are modified, with Parliament proposing what it feels is a  workable way of dealing with this question which affords Member States the latitude to adopt stricter rules if they consider this to be desirable. Given that mediation is intended to take place in a manner which respects confidentiality, Member States must ensure that, unless the parties agree otherwise, neither mediators nor parties nor those involved in the administration of the mediation process are entitled or compelled to disclose to third parties, or to give evidence in civil and commercial judicial proceedings or arbitration regarding, information arising out of or in connection with a mediation except in certain prescribed cases;- provisions regarding limitation periods are amended;- Member States must ensure that information is available to citizens, in particular on Internet sites, on how to contact mediation providers and mediators.- Parliament feels that the Directive should apply to domestic cases as well as cross-border ones. A new recital states that Member States are encouraged to apply the provisions of this Directive also to internal cases with a view y to facilitating the proper functioning of the internal market. Moreover, the fact that the provisions of the Directive are expressed as being limited to cases having cross-border implications should not have the effect of limiting rules of national law that currently provide for the enforceability of agreements resulting from mediation, the confidentiality of mediation or the effect of mediation on limitation and prescription periods also in cases not covered by the Directive. - a new recital states that the Directive also applies to consumer mediation. Therefore the particularities of consumer mediation should be taken into account. In particular, it should incorporate the principles set out in Commission Recommendation 2001/310/EC on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes. Parliament inserted this recital in view of the fact that the principles of transparency, impartiality, effectiveness and fairness included in Recommendation 2001/310 (consensual resolution of consumer disputes) should be incorporated in the proposed directive.Lastly, the transposition clause has been amended. It now states that Member States shall bring into force the necessary laws, regulations and administrative measures or ensure that the parties to mediation introduce the requisite measures through voluntary agreements, with the Member States adopting all the precautions needed in order to guarantee at all times that the results indicated in this Directive are achieved, in order to comply with this Directive by 1 September 2008 at the latest, with the exception of Article 8, (review clause) for which the date of compliance shall be 1 September 2009.

• 2007/03/22 Committee report tabled for plenary, 1st reading/single reading
  • A6-0074/2007
• 2007/03/20 Vote in committee, 1st reading/single reading
• #2696
• 2005/12/01 Council Meeting
  • 2696 summary

    The Council reached common understanding on the text of a draft Directive on mediation in civil and commercial matters, subject to the definition of cross-border crisis and the application of the principle of subsidiarity.To recall, the Commission submitted this proposal on 22 October 2004 and it is subject to the codecision procedure. The European Parliament has not yet delivered its opinion at first reading.

• 2004/10/27 Committee referral announced in Parliament, 1st reading/single reading
• 2004/10/22 Legislative proposal published
  • COM(2004)0718 summary

    PURPOSE : to promote the further use of mediation in civil and commercial matters.PROPOSED ACT : Directive of the European Parliament and of the Council.CONTENT : Mediation can provide a cost-efficient and quick extra-judicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Settlement agreements reached through mediation are more likely to be enforced voluntarily and are more likely to preserve an amicable and sustainable relationship between the parties. These benefits become even more pronounced in situations displaying cross-border elements.Bearing this mind, the Commission presents this proposal. It provides that a court before which an action is brought may invite the parties to use mediation in order to settle the dispute. The court may in any event require the parties to attend an information session on the use of mediation. This is without prejudice to national legislation making the use of mediation compulsory or subject to incentives or sanctions. Furthermore:- the Commission and the Member States must encourage the development of and adherence to voluntary codes of conduct by mediators and organisations providing mediation services, at Community as well as at national level, as well as other effective quality control mechanisms concerning the provision of mediation services.- Member States will encourage the training of mediators in order to allow parties in dispute to choose a mediator who will be able to effectively conduct a mediation in the manner expected by the parties.- Member States must ensure that, upon request of the parties, a settlement agreement reached as a result of a mediation can be confirmed in a judgment or any other form by a court or public authority that renders the agreement enforceable in a similar manner as a judgment under national law;- Mediators, as well people involved in the administration of mediation services, may not in civil judicial proceedings give testimony or evidence regarding certain matters; These include: an invitation by a party to engage in mediation or the fact that a party was willing to participate in mediation; views expressed by a party in a mediation in respect of a possible settlement of the dispute; statements or admissions made by a party in the course of the mediation; and the fact that a party had indicated its willingness to accept a proposal for a settlement made by the mediator.There are, however, some prescribed exceptions to this provision. Finally, there are provisions relating to the suspension of limitation periods.

  • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, FRATTINI Franco

Documents

• Legislative proposal published: COM(2004)0718
• Debate in Council: 2696
• Committee report tabled for plenary, 1st reading/single reading: A6-0074/2007
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0088/2007
• Council position published: 15003/5/2007
• Committee recommendation tabled for plenary, 2nd reading: A6-0150/2008
• Decision by Parliament, 2nd reading: T6-0166/2008
• : Directive 2008/52
• : OJ L 136 24.05.2008, p. 0003

History

(these mark the time of scraping, not the official date of the change)