Quantifying the cost of not using mediation - a data analysis

DIRECTORATE GENERAL FOR INTERNAL POLICIES

POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS

LEGAL AFFAIRS

Abstract

This is a special moment for alternative dispute resolution in Europe. In recent years, the mediation law landscape, in particular, has undergone substantial changes in large part due to the 2008 “European Union Directive on Certain Aspects of Mediation in Civil and Commercial Matters”. Despite the fact that mediation saves both time and costs, mediation is far from being solidly established in Europe. In order to explore and quantify the impact that litigation has on the time and costs to the 26 Member States’ judicial systems, ADR Center implemented a study in the context of the European Commission-funded project “The Cost of Non ADR-Surveying and Showing the actual costs of Intra- Community Commercial Litigation”. The study measures the financial and time costs of not using mediation. This paper will focus on the final results of this study and suggest possible ways to make mediation happen in EU, namely through the discussion of various incentives and regulations which would make mass mediation implementation easier. 

EU paper 6:2:2012.pdf Click here to download

Web-link: http://www.europarl.europa.eu/document/activities/cont/201105/20110518ATT19592/2...
Source: European Parliament
Language: English
Contact: Giuseppe De Palo, President, ADR Center Ashley Feasely, ADR Center Flavia Orecchini, ADR Center - poldep-citizens@europarl.europa.eu