“ EU Law on mediation for the resolution of civil disputes”
Session
Law
Description
Mediation is considered a novelty in the resolution of disputes by alternative mechanisms. The utilization of mediation has been highly promoted due to its many benefits. Alternative dispute resolution mechanisms have many faces and can be applied into different manners, which can lead to difficulties into their function as equal mechanisms to litigation. The regulation of mediation by law aims to present a common framework for its application as a path to justice for the resolution of civil disputes. The aim of this study was to analyze the current EU laws that are applicable on the regulation of mediation. Directive 2008/52/EC of the European Parliament and Council regulates certain aspects of mediation in cross-border, civil and commercial disputes. The Directive regulates multiple aspects as the resources to mediation and the enforceability of agreements of mediation. Many European countries have developed their own mediation laws in compliance with the Directive 2008/52/EC. The methods used in the study are literature review and the analysis of legal materials. In conclusion it is considered that the EU law on mediation serves as a framework of institutionalized mediation and that it has positively impacted on the promotion of mediation as a mechanism for dispute resolution in civil disputes.
Keywords:
Mediation, Directive 2008/52/EC, EU law, dispute resolution
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-550-50-5
Location
UBT Kampus, Lipjan
Start Date
29-10-2022 12:00 AM
End Date
30-10-2022 12:00 AM
DOI
10.33107/ubt-ic.2022.258
Recommended Citation
Dërmaku, Fatime, "“ EU Law on mediation for the resolution of civil disputes”" (2022). UBT International Conference. 266.
https://knowledgecenter.ubt-uni.net/conference/2022/all-events/266
“ EU Law on mediation for the resolution of civil disputes”
UBT Kampus, Lipjan
Mediation is considered a novelty in the resolution of disputes by alternative mechanisms. The utilization of mediation has been highly promoted due to its many benefits. Alternative dispute resolution mechanisms have many faces and can be applied into different manners, which can lead to difficulties into their function as equal mechanisms to litigation. The regulation of mediation by law aims to present a common framework for its application as a path to justice for the resolution of civil disputes. The aim of this study was to analyze the current EU laws that are applicable on the regulation of mediation. Directive 2008/52/EC of the European Parliament and Council regulates certain aspects of mediation in cross-border, civil and commercial disputes. The Directive regulates multiple aspects as the resources to mediation and the enforceability of agreements of mediation. Many European countries have developed their own mediation laws in compliance with the Directive 2008/52/EC. The methods used in the study are literature review and the analysis of legal materials. In conclusion it is considered that the EU law on mediation serves as a framework of institutionalized mediation and that it has positively impacted on the promotion of mediation as a mechanism for dispute resolution in civil disputes.