Effective and efficient justice systems are of fundamental importance to the proper functioning of the internal market, to economic stability, to investment and to competitiveness. They foster confidence in commercial transactions, facilitate the resolution of disputes and help ensure that the necessary trust exists to encourage economic activity. In 2008, at the onset of the global financial crisis and two years before the EU adopted its 10-year strategy on growth (Europe 2020), the European Parliament and European Council adopted the Mediation Directive 2008/52/EC. It aims to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings. Considering the importance of effective and efficient justice systems, ultimately, the objectives of the Directive are to simplify and improve access to justice and to contribute to the proper functioning of the internal market. Therefore, the European Commission has and continues to promote mediation. To this end it requested a study in 2012 to evaluate the contribution of the Directive to the EU Justice for Growth agenda. In October 2015 the European Commission requested the update of the study carried out between June 2012 and July 2013. The study carried out between June 2012 and July 2013 was based on desk research and stakeholder consultation undertaken at the EU level (see Annex I and II to this report). In addition, 28 national reporters supplemented this work through national research and stakeholder consultation. Up to five national stakeholders per Member State were consulted including Ministries of Justice, mediators, trainers of mediators, users of mediation and judges. Wherever possible, the study provided examples based on quantitative data to support its statements. The evaluation of the implementation of the Directive was based on a number of fixed criteria (relevance, consistency and complementarity, effectiveness, efficiency, utility) as set by the Secretariat General of the European Commission. The update carried out between October 2015 and March 2016 is based on research carried out by 28 national reporters, who were asked to report on any legislative changes that took place in the period between the completion of the 2012/2013 study and February 2016. In addition, desk research was carried out to include relevant developments in relation to the training of mediators, codes of conducts for mediators and the dissemination of information on mediation or the work of mediators. Any additional information regarding these aspects that was not covered by the original version formed part of the update. The national reporters were not asked to carry out interviews with stakeholders. Therefore, Section 4 of the 2012/2013 study, evaluating the application of the Mediation Directive, has not been updated as such; however the accuracy of factual information contained therein has been checked.
