A Ten-Year-Long “EU Mediation Paradox” When an EU Directive Needs To Be More …Directive

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals of encouraging the use of mediation and especially achieving a “balanced relationship between mediation and judicial proceedings” (Article 1).

The paradox of mediation – universally praised and promoted, but still used in less than 1 percent of the cases in civil and commercial litigation in the EU – grows disturbingly bigger as official data and multiple studies have clearly shown that the best way, if not the only one, to increase significantly the number of mediated disputes is to require that litigants make a serious and reasonable initial effort at mediation.

Prof. Giuseppe De Palo – Ombudsman for United Nations Funds and Programmes, Professor of Alternative Dispute Resolution Law and Practice at Mitchell Hamline School of Law, St Paul, U.S., Co-Founder of ADR Center – on 29 November 2018 has developped this detailed publication for the EU Parliament