Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | JURI | MCCARTHY Arlene ( S&D) |
Lead committee dossier:
Legal Basis:
RoP 142-p2
Legal Basis:
RoP 142-p2Events
The European Parliament adopted by 633 votes to 20, with 10 abstentions, a resolution on the implementation of the directive on mediation in the Member States, its impact on mediation and its take-up by the courts.
Parliament recalls that the objective of Directive 2008/52/EC is to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings. Member States are required to comply with this Directive before 21 May 2011 with the exception of Article 10.
So far the majority of Member States have reported that they have completed the implementation process or will complete it by the deadline. Only a few Member States have not yet reported compliance with the Directive’s provisions: the Czech Republic, Austria, Finland and Sweden.
In its resolution, Parliament looked at how Member States transposed the main provisions of the Directive regarding the possibility for the courts to suggest mediation directly to the parties (Article 5), the guarantee of confidentiality (Article 7), the enforceability of agreements resulting from mediation (Article 6) and the effect of mediation on limitation and prescription periods (Article 8).
Members consider that Member States are, as a whole, largely on track to implement Directive 2008/52/EC by 21 May 2011 . While Member States are using varied regulatory approaches and some are a little behind, the fact remains that most Member States are not only compliant, but are in fact ahead of the Directive’s requirements, particularly in two areas, namely financial incentives for participation in mediation and mandatory mediation requirements.
The resolution observes that some European states have undertaken a number of initiatives to provide financial incentives to parties who refer cases to mediation: in Bulgaria, parties will receive a refund of 50% of the state fee already paid for filing the dispute in court if they successfully resolve a dispute in mediation, and Romanian legislation provides for full reimbursement of the court fee if the parties settle a pending legal dispute through mediation. Alongside the financial incentives, certain Member States whose judicial systems are overburdened have resorted to rules making recourse to mediation compulsory. The most striking example is Italian Legislative Decree No 28, which aims in this way to overhaul the legal system and make up for the notoriously congested Italian courts by reducing caseloads and the nine-year average time to complete litigation in a civil case.
Members note that national initiatives of this type help to make dispute resolution more effective and reduce the courts’ workload. The results achieved in particular in Italy, Bulgaria and Romania prove that mediation can bring about a cost-effective and quick extrajudicial resolution of disputes through processes tailored to the needs of the parties.
Highlighting the consumer-friendly features of alternative dispute resolution schemes, which offer a tailored practical solution, Members call for the prompt presentation of a legislative proposal on alternative dispute resolution by the Commission . The Commission is also encouraged, in its forthcoming Communication on the implementation of Directive 2008/52/EC, also to examine those areas where Member States have chosen to extend the measures of the Directive beyond its intended scope.
The resolution recommends :
increasing awareness and understanding of mediation, and further action relating to education, growing awareness of mediation, enhancing mediation uptake by businesses and requirements for access to the profession of mediator; encouraging national authorities to develop programmes in order to promote adequate knowledge of alternative dispute resolution.
Lastly, Parliament recognises the importance of establishing common standards for accessing the profession of mediator in order to promote a better quality of mediation and to ensure high standards of professional training and accreditation across the Union.
The Committee on Legal Affairs adopted the own-initiative report by Arlene McCARTHY (S&D, UK) on the implementation of the directive on mediation in the Member States, its impact on mediation and its take-up by the courts. It recalls that the he objective of Directive 2008/52/EC is to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings. Member States are required to comply with this Directive before 21 May 2011with the exception of Article 10. So far the majority of Member States have reported that they have completed the implementation process or will complete it by the deadline. Only a few Member States have not yet reported compliance with the Directive’s provisions: the Czech Republic, Austria, Finland and Sweden.
In its report, the committee looked at how Member States transposed the main provisions of the Directive regarding the possibility for the courts to suggest mediation directly to the parties (Article 5), the guarantee of confidentiality (Article 7), the enforceability of agreements resulting from mediation (Article 6) and the effect of mediation on limitation and prescription periods (Article 8).
Members consider that Member States are, as a whole, largely on track to implement Directive 2008/52/EC by 21 May 2011 . While Member States are using varied regulatory approaches and some are a little behind, the fact remains that most Member States are not only compliant, but are in fact ahead of the Directive’s requirements, particularly in two areas, namely financial incentives for participation in mediation and mandatory mediation requirements. The report notes that national initiatives of this type help to make dispute resolution more effective and reduce the courts’ workload. The results achieved in particular in Italy, Bulgaria and Romania prove that mediation can bring about a cost-effective and quick extrajudicial resolution of disputes through processes tailored to the needs of the parties.
Highlighting the consumer-friendly features of alternative dispute resolution schemes, which offer a tailored practical solution, Members call for the prompt presentation of a legislative proposal on alternative dispute resolution by the Commission . The Commission is also encouraged, in its forthcoming Communication on the implementation of Directive 2008/52/EC, also to examine those areas where Member States have chosen to extend the measures of the Directive beyond its intended scope.
The report recommends :
increasing awareness and understanding of mediation, and further action relating to education, growing awareness of mediation, enhancing mediation uptake by businesses and requirements for access to the profession of mediator; encouraging national authorities to develop programmes in order to promote adequate knowledge of alternative dispute resolution.
Lastly, the report recognises the importance of establishing common standards for accessing the profession of mediator in order to promote a better quality of mediation and to ensure high standards of professional training and accreditation across the Union.
Documents
- Commission response to text adopted in plenary: SP(2011)8668
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T7-0361/2011
- Committee report tabled for plenary, single reading: A7-0275/2011
- Committee report tabled for plenary: A7-0275/2011
- Amendments tabled in committee: PE467.215
- Committee draft report: PE462.583
- Committee draft report: PE462.583
- Amendments tabled in committee: PE467.215
- Committee report tabled for plenary, single reading: A7-0275/2011
- Commission response to text adopted in plenary: SP(2011)8668
Activities
- Rodi KRATSA-TSAGAROPOULOU
Plenary Speeches (2)
- Arlene McCARTHY
Plenary Speeches (2)
- Roberta ANGELILLI
Plenary Speeches (1)
- Raffaele BALDASSARRE
Plenary Speeches (1)
- Andrew Henry William BRONS
Plenary Speeches (1)
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- Kinga GÖNCZ
Plenary Speeches (1)
- Salvatore IACOLINO
Plenary Speeches (1)
- Jaroslav PAŠKA
Plenary Speeches (1)
- Alexandra THEIN
Plenary Speeches (1)
- Oldřich VLASÁK
Plenary Speeches (1)
- Diana WALLIS
Plenary Speeches (1)
Amendments | Dossier |
18 |
2011/2026(INI)
2011/06/22
JURI
18 amendments...
Amendment 1 #
Motion for a resolution Citation 3 – having regard to the hearings held by the Committee on Legal Affairs on 20 April 2006
Amendment 10 #
Motion for a resolution Paragraph 4 4. Points out that some Member States have chosen to go beyond the core requirements of the Directive in two areas, namely financial incentives for participation in mediation and mandatory mediation requirements; notes that national initiatives of this type help to make dispute resolution more effective and reduce the courts’ workload;
Amendment 11 #
Motion for a resolution 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) 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 13 #
Motion for a resolution Paragraph 13 a (new) 13a. Encourages the Commission, in its forthcoming Communication on the implementation of Directive 2008/52/EC, also to examine those areas where Member States have chosen to extend the measures of the Directive beyond its intended scope;
Amendment 14 #
Motion for a resolution Paragraph 13 a (new) 13a. Highlights the consumer-friendly features of alternative dispute resolution schemes, which offer a tailored practical solution; calls in this context for the prompt presentation of a legislative proposal on alternative dispute resolution by the Commission;
Amendment 15 #
Motion for a resolution 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) 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) 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) Amendment 2 #
Motion for a resolution 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 3 #
Motion for a resolution Recital C a (new) Ca. whereas Directive 2008/52/EC has also been of interest to neighbouring States and has had a demonstrable influence on the introduction of similar legislation in some of these countries,
Amendment 4 #
Motion for a resolution Recital F F. whereas, for this purpose, a thorough analysis of the main regulatory approaches of the Member States should be conducted in order to identify good practices and draw conclusions about any further action at European level,
Amendment 5 #
Motion for a resolution Recital F a (new) Fa. whereas the Commission’s Action Plan for implementing the Stockholm Programme (COM(2010)171 final) foresees a Communication on the implementation of the mediation directive in 2013,
Amendment 6 #
Motion for a resolution Recital G a (new) Ga. whereas the Commission has included in its Work Programme for 2011 a legislative proposal on Alternative Dispute Resolution,
Amendment 7 #
Motion for a resolution 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
Amendment 8 #
Motion for a resolution 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 9 #
Motion for a resolution Paragraph 4 4. Points out that some Member States have chosen to go beyond the core requirements of the Directive in two areas, namely financial incentives for participation in mediation and mandatory mediation requirements;
source: PE-467.215
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