The European Union Mediation Directive is not yet fully implemented in nine EU countries

Commission starts legal procedure against nine countries which are not yet notified all national measures needed to fully implement the European Union Mediation Directive. This Directive entered into force on 21 May and it applies when two parties who are involved in a cross-border dispute voluntarily agree to settle their dispute using an impartial mediator. Now these nine countries have two months to respond.

The European Commission has begun legal proceedings by sending “letters of formal notice” to the Czech Republic, Spain, France, Cyprus, Luxembourg, the Netherlands, Finland, Slovakia and the United Kingdom. These countries have not yet notified all national measures needed to fully implement the European Union Mediation Directive. The Directive 2008/52/EC on mediation in civil and commercial matters was adopted on 21 May 2008 and is in force since 21 May 2011.

Settling disputes out of court spares justice systems' resources and can potentially cut legal costs. Mediation can solve problems between businesses, employers and employees, landlords and tenants, or families, so that they can maintain and even strengthen their relationship in a constructive way – a result that cannot always be achieved through court proceedings. A crucial element in any mediation is trust in the process, especially when two parties come from different countries. EU rules therefore encourage Member States to provide quality control, establish codes of conduct and offer training to mediators to make sure there is an effective mediation system in place.

Currently, 17 Member States have these EU rules in place, while Denmark has opted not to enforce these rules – a prerogative it has under a protocol annexed to the EU Treaties. So far, nine countries have not informed the Commission that they have put the necessary rules in place to fully transpose the directive. Now the countries have two months to respond to the Commission or the Commission will follow with the legal procedure.