Alternativno reševanje sporov v pravu EU in Sveta Evrope

slovenian

2022

volume 48, issue 6/7

ADR   alternative dispute resolution   Council of Europe   Directive 2008/52   European Union   mandatory mediation   mediation

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The development of Alternative Dispute Resolution (ADR) in Europe slowly follows the development in the US. While ADR is well established in some European Union (EU) Member States, it has never taken off in others. The EU and the Council of Europe therefore play an important role in promoting ADR by recommending or obliging Member States to introduce such alternative procedures. Despite all the efforts, even mediation, the most commonly used ADR procedure, does not reach the desired level of use in practice. On average, mediation is only used in about 1% of disputes in the EU, which shows the potential that this method still has. Solving a dispute in mediation means lower costs for the parties, a shorter process, fewer cases going to court, and greater satisfaction of the parties with the agreement reached. Since the current incentives to use ADR have not had the desired effect, mandatory mediation is proposed as a possible next step. However, is the introduction of mandatory mediation even possible under the existing EU legal framework and would such a step really be a cure for (all) the problems of national judicial systems?

22.06.2023