Study for an Evaluation and Implementation of Directive 2008/52/EC - the 'Mediation Directive'
Client: DG JUST
Milieu performed an ex-post evaluation of the ‘Mediation Directive’ (Directive 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters).
The Mediation Directive is aimed at facilitating access to alternative dispute resolution and promoting the amicable settlement of disputes. It ultimately contributes to effective and efficient justice systems which are of fundamental importance to the proper functioning of the internal market, to economic stability, to investment and to competitiveness.
The study provides comprehensive information regarding the:
1. compliance of the measures Member States have taken to transpose the Directive into national law;
2. analysis of national measures that go beyond the provision of the Directive;
3. evaluation of the application of the Directive by carrying out legal analysis, data collection and stakeholders’ consultation.
The study includes 28 national reports checking the transposition of the Mediation Directive in the Member States and an EU final report. The final report analyses the added value of the Directive (its relevance, consistency, complementarity, effectiveness, efficiency and utility), highlight problems encountered in its application, identify best practices and propose solutions, including possible recommendations to make the best use of mediation as an alternative dispute resolution system.
On the basis of the information provided for by these reports, the Commission will draft a report on the application of the Directive (ex-post evaluation).