BETA


2016/2066(INI) Certain aspects of mediation in civil and commercial matters (Mediation Directive)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI ESTARÀS FERRAGUT Rosa (icon: PPE PPE), GASBARRA Enrico (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR), CAVADA Jean-Marie (icon: ALDE ALDE), HAUTALA Heidi (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2018/02/21
   EC - Commission response to text adopted in plenary
Documents
2017/09/12
   EP - Results of vote in Parliament
2017/09/12
   EP - Decision by Parliament
Details

The European Parliament adopted by 606 votes to 30 with 54 abstentions a resolution on the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (Mediation Directive).

As a reminder, Directive 2008/52/EC on mediation aims to facilitate access to alternative dispute resolution procedures and to facilitate the amicable settlement of disputes by promoting the use of mediation and ensuring satisfactory mediation and judicial proceedings.

Parliament recognised that the Directive has proved useful for the introduction and application of mediation procedures in the European Union even though its implementation has varied considerably from one Member State to another.

While most Member States have extended the scope of the application of their national measures to domestic cases too, Members regretted the fact that only three Member States have chosen to limit the transposition of the Directive to cross-border disputes only. The objectives of the Mediation Directive have clearly not been achieved, as mediation is used in less than 1 % of the cases in court on average in the majority of Member States.

The main conclusions of the resolution can be summarised as follows:

all Member States provide for the possibility for the courts to invite the parties to information sessions on mediation; many Member States financially encourage parties to use mediation, either in the form of reducing costs, providing legal aid or sanctioning them in the event of an unjustified refusal to consider mediation; the European Conduct Code for mediators is used by interested parties or as a reference for the drafting of national or sectoral codes; most Member States have introduced the use of mediation compulsory or subject to incentives or sanctions.

Parliament welcomed the importance of mediation in family matters (especially concerning the proceedings concerning child custody, access rights and child abduction cases), where it can create a constructive climate of discussion and fair dealings between parents.

However, further steps must be taken to ensure the enforceability of mediated agreements in a quick and affordable manner, with full respect for fundamental rights, as well as Union and national law.

Recommendations : Members called on the Member States to encourage the use of mediation in civil and commercial disputes , in particular through information campaigns.

The Commission is called upon to:

assess the need to develop EU-wide quality standards for the provision of mediation services; assess the need to create national registers of mediation proceedings; examine the obstacles to free circulation of foreign mediation agreements within the Union and on the various options to promote the use of mediation as an effective way to solve conflicts in internal and cross-border disputes in the Union.

In the context of the regulatory review, the Commission is invited to identify solutions that will extend effectively the scope of mediation also to other civil or administrative matters , paying particular attention to the implications that mediation could have on social issues, such as family law.

Members recommended that appropriate safeguards be put in place during mediation processes to limit the risk for weaker parties and to protect them against possible abuse of process or position by more powerful parties.

Lastly, Parliament regretted the difficulty of obtaining comprehensive statistical data on mediation, including the number of mediated cases.

Documents
2017/09/12
   EP - End of procedure in Parliament
2017/06/27
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted an own-initiative report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (Mediation Directive).

As a reminder, Directive 2008/52/EC on mediation aims to facilitate access to alternative dispute resolution procedures and to facilitate the amicable settlement of disputes by promoting the use of mediation and ensuring satisfactory mediation and judicial proceedings.

The report noted that the Directive has proved useful for the introduction and application of mediation procedures in the European Union even though its implementation has varied considerably from one Member State to another.

While most Member States have extended the scope of the application of their national measures to domestic cases too, Members regretted the fact that only three Member States have chosen to limit the transposition of the Directive to cross-border disputes only. They also regretted the difficulty of obtaining comprehensive statistics on mediation, including the success rates of mediation procedures.

The main conclusions of the report can be summarised as follows:

all Member States provide for the possibility for the courts to invite the parties to information sessions on mediation; many Member States financially encourage parties to use mediation, either in the form of reducing costs, providing legal aid or sanctioning them in the event of an unjustified refusal to consider mediation; the European Conduct Code for mediators is used by interested parties or as a reference for the drafting of national or sectoral codes; most Member States have introduced the use of mediation compulsory or subject to incentives or sanctions.

Members welcomed the importance of mediation in family matters (especially concerning the proceedings concerning child custody, access rights and child abduction cases), where it can create a constructive climate of discussion and fair dealings between parents.

However, further steps must be taken to ensure the enforceability of mediated agreements in a quick and affordable manner, with full respect for fundamental rights, as well as Union and national law.

Recommendations : Members called on the Member States to encourage the use of mediation in civil and commercial disputes , in particular through information campaigns.

The Commission is called upon to:

assess the need to develop EU-wide quality standards for the provision of mediation services; assess the need for Member States to create national registers of mediation proceedings; examine the obstacles to free circulation of foreign mediation agreements within the Union and on the various options to promote the use of mediation as an effective way to solve conflicts in internal and cross-border disputes in the Union.

In the context of the regulatory review, the Commission is invited to identify solutions that will extend effectively the scope of mediation also to other civil or administrative matters , paying particular attention to the implications that mediation could have on social issues, such as family law.

Members recommended that appropriate safeguards be put in place during mediation processes to limit the risk for weaker parties and to protect them against possible abuse of process or position by more powerful parties.

Documents
2017/06/20
   EP - Vote in committee
2017/04/19
   EP - Amendments tabled in committee
Documents
2017/03/07
   EP - Committee draft report
Documents
2016/04/28
   EP - Committee referral announced in Parliament

Documents

Votes

A8-0238/2017 - Kostas Chrysogonos - Vote unique 12/09/2017 12:56:19.000 #

2017/09/12 Outcome: +: 606, 0: 54, -: 30
DE IT ES FR PL RO GB CZ PT HU NL BE BG SE AT FI SK LT HR EL LV IE SI DK MT EE CY LU
Total
87
66
47
68
50
30
62
20
21
17
24
21
15
19
18
13
13
11
11
18
8
9
7
12
6
5
5
5
icon: PPE PPE
200

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Cyprus PPE

1

Luxembourg PPE

3
icon: S&D S&D
180

Netherlands S&D

3

Croatia S&D

2

Latvia S&D

1

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1
3

Malta S&D

3

Estonia S&D

For (1)

1

Cyprus S&D

2

Luxembourg S&D

For (1)

1
icon: ECR ECR
68

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2
2

Lithuania ECR

1

Croatia ECR

For (1)

1

Greece ECR

Abstain (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: ALDE ALDE
59

Romania ALDE

3

United Kingdom ALDE

1

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

2

Latvia ALDE

1

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Denmark ALDE

2

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
48

Italy Verts/ALE

For (1)

1

Spain Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
46

United Kingdom GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Ireland GUE/NGL

3

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

1
icon: NI NI
15

Germany NI

For (1)

Against (1)

2

France NI

Abstain (1)

2

Poland NI

Abstain (1)

2

United Kingdom NI

For (1)

Against (1)

Abstain (1)

3

Hungary NI

2
icon: EFDD EFDD
34

Germany EFDD

Abstain (1)

1

France EFDD

1

Poland EFDD

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: ENF ENF
38

Poland ENF

2

Romania ENF

Abstain (1)

1

United Kingdom ENF

Against (1)

1

Netherlands ENF

4

Belgium ENF

Abstain (1)

1
AmendmentsDossier
32 2016/2066(INI)
2017/04/19 JURI 32 amendments...
source: 603.057

History

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

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  • date: 2017-06-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: ESTARÀS FERRAGUT Rosa group: S&D name: GASBARRA Enrico group: ECR name: DZHAMBAZKI Angel group: ALDE name: CAVADA Jean-Marie group: Verts/ALE name: HAUTALA Heidi responsible: True committee: JURI date: 2016-03-15T00:00:00 committee_full: Legal Affairs rapporteur: group: GUE/NGL name: CHRYSOGONOS Kostas
  • date: 2017-06-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0238&language=EN type: Committee report tabled for plenary, single reading title: A8-0238/2017 body: EP type: Committee report tabled for plenary, single reading
  • date: 2017-09-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0321 type: Decision by Parliament, 1st reading/single reading title: T8-0321/2017 body: EP type: Decision by Parliament, 1st reading/single reading
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  • date: 2017-04-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE603.057 title: PE603.057 type: Amendments tabled in committee body: EP
  • date: 2018-02-21T00:00:00 docs: url: /oeil/spdoc.do?i=30021&j=0&l=en title: SP(2017)780 type: Commission response to text adopted in plenary
events
  • date: 2016-04-28T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-06-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-06-27T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0238&language=EN title: A8-0238/2017 summary: The Committee on Legal Affairs adopted an own-initiative report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (Mediation Directive). As a reminder, Directive 2008/52/EC on mediation aims to facilitate access to alternative dispute resolution procedures and to facilitate the amicable settlement of disputes by promoting the use of mediation and ensuring satisfactory mediation and judicial proceedings. The report noted that the Directive has proved useful for the introduction and application of mediation procedures in the European Union even though its implementation has varied considerably from one Member State to another. While most Member States have extended the scope of the application of their national measures to domestic cases too, Members regretted the fact that only three Member States have chosen to limit the transposition of the Directive to cross-border disputes only. They also regretted the difficulty of obtaining comprehensive statistics on mediation, including the success rates of mediation procedures. The main conclusions of the report can be summarised as follows: all Member States provide for the possibility for the courts to invite the parties to information sessions on mediation; many Member States financially encourage parties to use mediation, either in the form of reducing costs, providing legal aid or sanctioning them in the event of an unjustified refusal to consider mediation; the European Conduct Code for mediators is used by interested parties or as a reference for the drafting of national or sectoral codes; most Member States have introduced the use of mediation compulsory or subject to incentives or sanctions. Members welcomed the importance of mediation in family matters (especially concerning the proceedings concerning child custody, access rights and child abduction cases), where it can create a constructive climate of discussion and fair dealings between parents. However, further steps must be taken to ensure the enforceability of mediated agreements in a quick and affordable manner, with full respect for fundamental rights, as well as Union and national law. Recommendations : Members called on the Member States to encourage the use of mediation in civil and commercial disputes , in particular through information campaigns. The Commission is called upon to: assess the need to develop EU-wide quality standards for the provision of mediation services; assess the need for Member States to create national registers of mediation proceedings; examine the obstacles to free circulation of foreign mediation agreements within the Union and on the various options to promote the use of mediation as an effective way to solve conflicts in internal and cross-border disputes in the Union. In the context of the regulatory review, the Commission is invited to identify solutions that will extend effectively the scope of mediation also to other civil or administrative matters , paying particular attention to the implications that mediation could have on social issues, such as family law. Members recommended that appropriate safeguards be put in place during mediation processes to limit the risk for weaker parties and to protect them against possible abuse of process or position by more powerful parties.
  • date: 2017-09-12T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=30021&l=en title: Results of vote in Parliament
  • date: 2017-09-12T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0321 title: T8-0321/2017 summary: The European Parliament adopted by 606 votes to 30 with 54 abstentions a resolution on the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (Mediation Directive). As a reminder, Directive 2008/52/EC on mediation aims to facilitate access to alternative dispute resolution procedures and to facilitate the amicable settlement of disputes by promoting the use of mediation and ensuring satisfactory mediation and judicial proceedings. Parliament recognised that the Directive has proved useful for the introduction and application of mediation procedures in the European Union even though its implementation has varied considerably from one Member State to another. While most Member States have extended the scope of the application of their national measures to domestic cases too, Members regretted the fact that only three Member States have chosen to limit the transposition of the Directive to cross-border disputes only. The objectives of the Mediation Directive have clearly not been achieved, as mediation is used in less than 1 % of the cases in court on average in the majority of Member States. The main conclusions of the resolution can be summarised as follows: all Member States provide for the possibility for the courts to invite the parties to information sessions on mediation; many Member States financially encourage parties to use mediation, either in the form of reducing costs, providing legal aid or sanctioning them in the event of an unjustified refusal to consider mediation; the European Conduct Code for mediators is used by interested parties or as a reference for the drafting of national or sectoral codes; most Member States have introduced the use of mediation compulsory or subject to incentives or sanctions. Parliament welcomed the importance of mediation in family matters (especially concerning the proceedings concerning child custody, access rights and child abduction cases), where it can create a constructive climate of discussion and fair dealings between parents. However, further steps must be taken to ensure the enforceability of mediated agreements in a quick and affordable manner, with full respect for fundamental rights, as well as Union and national law. Recommendations : Members called on the Member States to encourage the use of mediation in civil and commercial disputes , in particular through information campaigns. The Commission is called upon to: assess the need to develop EU-wide quality standards for the provision of mediation services; assess the need to create national registers of mediation proceedings; examine the obstacles to free circulation of foreign mediation agreements within the Union and on the various options to promote the use of mediation as an effective way to solve conflicts in internal and cross-border disputes in the Union. In the context of the regulatory review, the Commission is invited to identify solutions that will extend effectively the scope of mediation also to other civil or administrative matters , paying particular attention to the implications that mediation could have on social issues, such as family law. Members recommended that appropriate safeguards be put in place during mediation processes to limit the risk for weaker parties and to protect them against possible abuse of process or position by more powerful parties. Lastly, Parliament regretted the difficulty of obtaining comprehensive statistical data on mediation, including the number of mediated cases.
  • date: 2017-09-12T00:00:00 type: End of procedure in Parliament body: EP
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  • The Committee on Legal Affairs adopted an own-initiative report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (Mediation Directive).

    As a reminder, Directive 2008/52/EC on mediation aims to facilitate access to alternative dispute resolution procedures and to facilitate the amicable settlement of disputes by promoting the use of mediation and ensuring satisfactory mediation and judicial proceedings.

    The report noted that the Directive has proved useful for the introduction and application of mediation procedures in the European Union even though its implementation has varied considerably from one Member State to another.

    While most Member States have extended the scope of the application of their national measures to domestic cases too, Members regretted the fact that only three Member States have chosen to limit the transposition of the Directive to cross-border disputes only. They also regretted the difficulty of obtaining comprehensive statistics on mediation, including the success rates of mediation procedures.

    The main conclusions of the report can be summarised as follows:

    • all Member States provide for the possibility for the courts to invite the parties to information sessions on mediation;
    • many Member States financially encourage parties to use mediation, either in the form of reducing costs, providing legal aid or sanctioning them in the event of an unjustified refusal to consider mediation;
    • the European Conduct Code for mediators is used by interested parties or as a reference for the drafting of national or sectoral codes;
    • most Member States have introduced the use of mediation compulsory or subject to incentives or sanctions.

    Members welcomed the importance of mediation in family matters (especially concerning the proceedings concerning child custody, access rights and child abduction cases), where it can create a constructive climate of discussion and fair dealings between parents.

    However, further steps must be taken to ensure the enforceability of mediated agreements in a quick and affordable manner, with full respect for fundamental rights, as well as Union and national law.

    Recommendations: Members called on the Member States to encourage the use of mediation in civil and commercial disputes, in particular through information campaigns.

    The Commission is called upon to:

    • assess the need to develop EU-wide quality standards for the provision of mediation services;
    • assess the need for Member States to create national registers of mediation proceedings;
    • examine the obstacles to free circulation of foreign mediation agreements within the Union and on the various options to promote the use of mediation as an effective way to solve conflicts in internal and cross-border disputes in the Union.

    In the context of the regulatory review, the Commission is invited to identify solutions that will extend effectively the scope of mediation also to other civil or administrative matters, paying particular attention to the implications that mediation could have on social issues, such as family law.

    Members recommended that appropriate safeguards be put in place during mediation processes to limit the risk for weaker parties and to protect them against possible abuse of process or position by more powerful parties.

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body: EP shadows: group: EPP name: ESTARÀS FERRAGUT Rosa group: S&D name: GASBARRA Enrico group: ECR name: DZHAMBAZKI Angel group: ALDE name: CAVADA Jean-Marie group: Verts/ALE name: HAUTALA Heidi responsible: True committee: JURI date: 2016-03-15T00:00:00 committee_full: Legal Affairs rapporteur: group: GUE/NGL name: CHRYSOGONOS Kostas
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
activities/1
date
2017-09-14T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
other/0/dg
Old
Justice
New
url
http://ec.europa.eu/info/departments/justice-and-consumers_en
title
Justice and Consumers
activities/0/committees/0/shadows/4
group
Verts/ALE
name
HAUTALA Heidi
committees/0/shadows/4
group
Verts/ALE
name
HAUTALA Heidi
other/0/dg
Old
url
http://ec.europa.eu/justice/
title
Justice
New
Justice
procedure/legal_basis
  • Rules of Procedure of the European Parliament EP 052
activities/0/committees/0/shadows/3
group
ALDE
name
CAVADA Jean-Marie
committees/0/shadows/3
group
ALDE
name
CAVADA Jean-Marie
activities
  • date: 2016-04-28T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: ESTARÀS FERRAGUT Rosa group: S&D name: GASBARRA Enrico group: ECR name: DZHAMBAZKI Angel responsible: True committee: JURI date: 2016-03-15T00:00:00 committee_full: Legal Affairs rapporteur: group: GUE/NGL name: CHRYSOGONOS Kostas
committees
  • body: EP shadows: group: EPP name: ESTARÀS FERRAGUT Rosa group: S&D name: GASBARRA Enrico group: ECR name: DZHAMBAZKI Angel responsible: True committee: JURI date: 2016-03-15T00:00:00 committee_full: Legal Affairs rapporteur: group: GUE/NGL name: CHRYSOGONOS Kostas
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: JOUROVÁ Věra
procedure
dossier_of_the_committee
JURI/8/06325
reference
2016/2066(INI)
title
Certain aspects of mediation in civil and commercial matters (Mediation Directive)
stage_reached
Awaiting committee decision
summary
See also Directive 2008/52/EC
subtype
Implementation
type
INI - Own-initiative procedure
subject
7.40.02 Judicial cooperation in civil and commercial matters