European Union Member States

Judges in ADR. Improving On-Line Resources and Trainings for Judicial Referral to Mediation in the EU

LOCATION

European Union Member States

SERVICE TYPE

ADR Training

PROJECT TIMELINE

September 2011- September 2013

JUDGES IN ADR. IMPROVING ON-LINE RESOURCES AND TRAININGS FOR JUDICIAL REFERRAL TO MEDIATION IN THE EU

With the advent of increased litigation in EU Member States, as a result of the passage of the 2008 Mediation Directive, mediation came to be used to solve disputes more and more. The process of selecting cases for mediation is crucial for the efficiency of the whole judicial system. If mediation cases are not skillfully selected, the court, parties, and mediators lose valuable time in administrative work, on cases in which the parties will ultimately refuse to mediate, or simply will not settle. Therefore, it is very important that judges not only know how to select the right cases for mediation, but also see this as valuable work for parties and society.

ADR Center designed this project to reduce the likelihood of judges’ refusal to refer cases by removing the lack of knowledge that limited their use of ADR. This project aimed to provide training for judges to increase the use of mediation in all participating EU Member States through judicial referral to mediation.

SELECT ACTIVITIES

Delivered mediation and preliminary mediation training for 1500 judges throughout Italy and Greece
Developed a Deskbook on Mediation Referral as a reference guide for judges. It is a detailed guide discussing issues related to mediation referral and encourages judges to pursue that as an option for dispute resolution

SELECT RESULTS

Conducted comprehensive Mediation Research and Analysis in the participating EU Member States as an economic analysis of, and research into, various aspects of mediation referral and legislation. This represents an economic analysis of the costs and benefits associated with mediation, and is an effective tool in aiding judges understanding of the mentalities of the parties to a dispute and whether mediation will assist in resolving the dispute. It also provides an extensive summary of the current mediation legislation, including the current status of court referral in each EU Member State, in order to provide for a better understanding of the role of the judiciary in the mediation context as a whole.

CLIENT

European Commission