In 2008 the European Union Directive on Mediation came into effect with the aim of harmonizing the use of mediation across the EU. Prior to the enactment of the directive, I was invited to testify before the Parliamentary sub-comittee of the European Parliament on the proposed directive. I hope to comment further on the implementation of this directive across Europe, however, for the present I have produced a short summary of the Directive's main points below. 

The primary objective of the EU Mediation Directive is to promote alternative dispute resolution by encouraging mediation across Europe. Another objective is to establish a sound relationship between mediation and regular court proceedings in all EU Member States. Implementation of this Directive in national legislation is due in 2010.

The adoption of the mediation Directive recognizes the importance of mediation as an alternative dispute resolution process. The courts in each Member State will be authorized to invite litigants to use mediation. If a mediation results in a written settlement agreement, the courts are authorized to convert the contents into an enforceable court judgment. Such settlement agreements thus will be easier to enforce.

In order to increase the accessibility and reliability, the Directive provides for measures on:

• (1) protecting the confidentiality of information arising out of or in connection with mediation;
• (2) encouraging the creation of training facilities as well as promotion of quality control systems and voluntary codes of conducts; and
• (3) ensuring that suitable information is available to the general public regarding mediation.

 The main shortcoming of the Directive is that it only applies to cross-border mediations.  Nevertheless it is a welcome step forward for the development of mediation.