Study for an evaluation and implementation of Directive 2008/52/EC - the 'Mediation Directive' : final report

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 and requested for this study to evaluate the contribution of the Directive to the EU Justice for Growth agenda.