Cross-border mediation is a process where a mediator assists two or more parties to manage and resolve a multi-jurisdictional dispute within the European Union (EU).
Cross-border mediation can be used in cases where the parties have voluntarily agreed to try and settle their dispute amicably, where a court has referred the parties to mediation or where the law of a country compels parties to use mediation.
European Union Directive on Mediation
Cross-border mediation was introduced by the European Parliament and the Council of the European Union under Directive 2008/52/EC, which came into force in the EU member states, except Demark, on 20 May 2011 and covers certain aspects of mediation in civil and commercial matters. Some of the objectives of the directive include:
- to simplify and facilitate better access to justice;
- to adopt measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market;
- to provide a cost-effective and quick resolution of disputes through a process that is tailored to the needs of the parties; and
- to promote mediation throughout the EU within a quality controlled and predictable legal framework.
Do you have a cross-border civil or commercial dispute?
Our principles align with the spirit of the EU directive and we have effective systems in place to ensure that the parties’ confidence, the mediator’s neutrality and the quality of the mediation process, within a cross-border context, are all highly safeguarded.
London ADR assists parties to either prevent, manage or resolve a range of civil and commercial cross-border disputes. We have an efficient pre-mediation process that allows us gain better insight into the dispute, deal with any language or cultural issues and agree with the parties, the best way to proceed in resolving the dispute.
Our experienced cross-border mediators will ensure that the settlement agreement at the end of the mediation process is drafted in a sophisticated way. We can also assist or advise parties on how to apply for a Mediation Settlement Enforcement Order (MSEO), under Part 78 of the Civil Procedure Rules (European Procedures), to ensure that the settlement agreement is enforceable by the courts.
EU Member States
Austria | Belgium | Bulgaria | Croatia | Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Germany | Greece | Hungary | Ireland | Italy | Latvia | Lithuania | Luxembourg | Malta | Netherlands | Poland | Portugal | Romania | Slovakia | Slovenia | Spain | Sweden | United Kingdom.