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CHALLENGES AND DIRECTIONS OF THE EUROPEAN REGULATION OF MEDIATION IN CROSS-BORDER DISPUTES
Abstract
Mediation, an alternative dispute resolution tool, has attracted the attention of the EU, which has decided to promote its use in cross-border disputes by adopting DIRECTIVE 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Subsequently, in December 2018, the United Nations General Assembly unanimously adopted the United Nations Convention on International Agreements Resulting from Mediation (the “Singapore Convention”), which applies to international settlement agreements derived from mediation concluded by parties wishing to resolve a commercial dispute in this way. Although it took part in the negotiations during the drafting of the Convention, it has not yet been signed by any of the EU Member States or by the EU, but the European Commission has started consultation on the Singapore Convention on Mediation, not only with stakeholders, but also with EU Member States.
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References11
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