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Mediation

Disputes can be solved without going to court. You can also consider an alternative dispute resolution (“ADR”) techniques such as mediation if you are unable to settle the dispute by yourself.

Mediation can be defined as a structured process whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a neutral and qualified third party (“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.

Mediation can be used to resolve disputes with a firm, a tradesperson, your employer, even a member of your family, in your own country or abroad.

The process of coming to an agreement through mediation is usually faster and less expensive than a court proceeding.

EU rules on mediation

The European Union actively promotes methods of alternative dispute resolution (“ADR”), such as mediation. The Mediation Directive applies in all EU countries. The Directive concerns mediation in civil and commercial matters.

Mediation in EU countries

Mediation is at varying stages of development in Member States. There are some Member States with comprehensive legislation or procedural rules on mediation. In others, legislative bodies have shown little interest in regulating mediation. However, there are Member States with a solid mediation culture, which rely mostly on self-regulation.

Family mediation

Information on a number of issues regarding family mediation including the cross-border context, principles, costs….

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