Update on Mediation Directive
Update of the study for an evaluation and implementation of the Mediation Directive 2008/52/EC (2015-2016)
Client: DG Justice and Consumers
In the context of the Commission’s obligation under Article 11 of the Mediation Directive 2008/52/EC to submit a report on the application of the Directive to the European Parliament, the Council and the European Economic and Social Committee by 21 May 2016, ICF Consulting Services in partnership with Milieu Ltd was requested to submit a report concerning the update of the study for an evaluation and implementation of Directive 2008/52/EC – the ‘Mediation Directive’ carried out by Milieu Ltd together with ICF in 2012-2013 (‘Study 2013’). The final report of the 2013 Study is available at: http://bookshop.europa.eu/en/study-for-an-evaluation-and-implementation-of-directive-2008-52-ec-the-mediation-directive--pbDS0114825/.
The 2013 Study aimed to analyse the added value of the Directive 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters (its relevance, consistency, complementarity, effectiveness, efficiency and utility), check its transposition in the Member States, highlight problems encountered in its application, identify best practices and propose solutions, including possible recommendations to amend the Directive. The 2013 Study provided comprehensive information regarding the compliance of the measures Member States have taken to transpose the Directive into national law, the analysis of national measures that go beyond the provision of the Directive and the evaluation of the application of the Directive by carrying out legal analysis, data collection and stakeholders’ consultation.
The new updated study provided the legal and policy review of mediation reflecting the current situation in the Member States. In order to update the 2013 report, research activities were carried out at the national level by 28 national legal experts. On the basis of this input Milieu updated the 2013 report.