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Public consultation on the application of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters

11-12-2015

Policy field(s)

  • Civil Justice

Who can reply to this consultation?

All citizens, organisations and public authorities are welcome to contribute to this consultation 

Period of consultation

From 18 September until 11 December 2015

Purpose of the consultation

Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters (hereafter the "Mediation Directive") has as its objective to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes, by encouraging the use of mediation and by encouraging a balanced relationship between mediation and judicial proceedings. It applies in cross-border disputes to civil and commercial matters. 

The Mediation Directive seeks to

  • ensure the quality of mediation through codes of conduct, training of mediators and other quality standards,
  • facilitate the recourse to mediation,
  • ensure the enforceability of agreements resulting from mediation,
  • preserve the confidentiality of information concerning a mediation process,
  • ensure that limitation or prescription periods do not expire during the mediation process,
  • ensure the availability to the general public of information on how to contact mediators.

Article 11 of the Mediation Directive foresees that the Commission will submit a report on the application of the Directive. In preparing its report, the Commission considers it appropriate to consult the public. This questionnaire is addressed to the broadest public possible, as it is important for the European Commission to obtain views and input from all interested individuals, mediators, legal practitioners, academics, organisations, courts, national authorities and Member States. This approach is in line with the Better Regulation principles of the Commission. Even if you are not an expert, feel free to answer as many questions as you consider appropriate.

You have the option to reply only to some of the questions. In order to best analyse the responses received, there is a need for a limited amount of background information about you as a respondent.

This questionnaire can be filled out online; you can also upload a separate document with your additional comments at the end of the questionnaire.

How to submit your contribution

This consultation questionnaire can be filled out online only; alternatively replies can be submitted on paper to the address indicated below. It is not necessary to answer all questions. All contributions will be published on the website of the European Commission, provided that respondents clearly identify themselves. Please read the specific privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with.

View the consultation document

Access the consultation questionnaire.

Contact details

Responsible service:  DG Justice, Unit A1 – Civil Justice Policy

E-mail:   JUST-CIVIL-COOP@ec.europa.eu

Postal address:  European Commission, Directorate-general Justice
Unit A 1 Civil Justice Policy - Secretariat
Rue Montoyer 59, 2/74   1049 BRUSSELS, Belgium

Data Protection Disclaimer

Incoming contributions will be published on the Commission website. It is possible to request that submissions remain confidential. In this case, contributors should expressly state in their submission that they oppose publication.

For further information on privacy rulings for this public consultation see the following Specific Privacy Statementpdf(21 kB) Choose translations of the previous link .