The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at implementation of the Mediation Directive 2008/52/EC in the UK, England and Wales, Scotland and Northern Ireland. It also looks at implementation in all other EU Member States. All EU Member States have now implemented the Directive, with the exception of Denmark, which opted out of the Directive.
The Mediation Directive 2008/52/EC is referred to as the Directive and the European Commission is referred to as the Commission.
For more general information on the Mediation Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, see Practice Note: Mediation Directive.
The Directive requires all EU Member States to enact national legislation to comply with the Directive before 21 May 2011. They are also required to communicate to the European Commission the text of that legislation (article 12).
All EU Member States have now implemented the Directive, with the exception of Denmark, which has opted out of the Directive.
A final report following a study on the evaluation and implementation of the Directive was published in 2013 and updated in March 2016. The report provides information on various aspects of the Directive implementation and effectiveness.
In September 2015, the Commission launched a public consultation on the application of the
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