Perspectives on judicial mediation
A conference bringing together personalities from judiciary from all over Europe
Friday, May 11, 2012, the association GEMME (European Association of Judges for mediation) organized a symposium in Paris on judicial mediation, under the patronage of Minister of Justice. It was the opportunity to take stock of the situation in Europe this alternative way of dispute resolution.
At this symposium, participants from many European countries (Germany, Belgium, Bulgaria, Croatia, Spain, France, Hungary, Latvia, Luxembourg, Netherlands, Portugal, Romania, UK, Russia, Slovenia, Switzerland), of Canada, and representatives of the Council of the European Union could discuss about many topics relating to judicial mediation:
- The different methods used in different countries to encourage mediation, as an obligation to try mediation before coming to the judge, the premium to mediation, or the penalty for refusing to go to mediation;
- good practice in family mediation, commercial mediation, labor mediation, administrative mediation... ;
- the future of mediation, including the possible role of Internet in dispute resolution.
The transposition of the EWC Directive into domestic law 2008/médiation countries of the European Union was also an important issue in discussions. These measures in the legislative field in France, the order of 16 November 2011 has enabled this transposition.
Concerning France, the main innovation of this implementation was to make it enforceable the agreement resulting from mediation. Thus, the parties having reached an agreement resulting from mediation conventional can now ask the competent judge for this agreement to be licensed and legally enforced. The principle of confidentiality of mediation was also recalled and stated on that occasion.
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