MINISTRY OF JUSTICE
News Release (061/08) issued by The Government News Network on 18
June 2008
Another important
tool to help EU citizens and businesses resolve cross-border legal
disputes has been agreed.
The European Parliament and the Council have both approved a
Directive on mediation covering civil, commercial and family matters.
Bridget Prentice, Parliamentary Under Secretary of State at the
Ministry of Justice said: "The Government believes that
courts should be the last resort for people involved in civil or
family disputes and has supported this proposal as a means of
encouraging the use of mediation in cross-border disputes
throughout the European Union. The UK gave priority to this
initiative in the early stages of its negotiation during our
Presidency of the EU in 2005 and I welcome its agreement."
In addition to encouraging the use of mediation in cross-border
disputes the Directive provides, for the first time, a framework
around which parties can proceed with mediation safe in the
knowledge that, should the mediation fail, matters that were
raised will be kept confidential by mediators and that they will
not lose the opportunity to take their dispute to court by the
expiration of limitation periods.
Notes For Editors
The European Commission issued its proposal for a Directive in
October 2004. European Justice Ministers reached a common
understanding on most aspects of the proposal during the UK
Presidency of the EU in December 2005 and the European Parliament
gave its first opinion in March 2007. Having considered the
European Parliament's opinion the Council of European Justice
Ministers reached a final agreement on the text in November 2007.
Following agreement of the Council's text by the European
Parliament in April 2008 the Directive has now been adopted.
Member States will have until June 2011 to comply with its provisions.
A cross-border dispute is one in which at least one of the
parties is domiciled or habitually resident in a Member State
other than that of any other party at the time of the mediation or
where court proceedings or arbitration following a mediation are
initiated in a Member State other than that in which the parties
are domiciled or habitually resident.
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