Legal context of cross-border mediation
Information on instruments of EU law that are relevant for the implementation of cross-border mediation.
General provisions on mediation are generally applying to family disputes.
European / international
The implementation of this method for the resolution of conflicts is forseen or enhanced by several European and international instruments.
At European Union level:
- 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
- Council Regulation (EC) n°2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) n°1347/2000
- Council Regulation (EC) n°4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
At the Hague Conference of private international law:
- Hague Convention of 25 October 1980 on civil aspects of international child abduction
- Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children
- Guide to good practice on mediation in particular under the Hague Convention of 25 October 1980 on the civil aspects of international child abduction
At Council of Europe level:
- Recommandation No.R (98)1 of the Committee of Ministers to Member States on family mediation adopted on 21 January 1998
- Recommandation Rec (2002) 10 of the Committee of Ministers to Member States on mediation in civil matters
At the European Parliament level:
Other useful links
To find a mediator specialised in cross-border family mediation follow the link: http://www.crossbordermediator.eu/
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Last update: 18/01/2019