Jurisdiction(s):
European Union

Related legal acts

Key definition

Mediation definition

What does Mediation mean? Mediation is a form of alternative dispute resolution (ADR) in which an independent mediator helps parties negotiate a settlement through a structured, confidential process. The mediator facilitates discussion (often via joint meetings and private caucuses) but has no power to impose an outcome. Participation is usually voluntary, and the process is without prejudice; any settlement is non‑binding until recorded in a written agreement. Across England & Wales, Scotland and Northern Ireland, mediation is not defined in a single statute but is recognised by case law and court practice. Courts encourage ADR, can stay/sist proceedings to allow mediation, and may...

EU Mediation Directive 2008/52/EC: Member State Implementation, Infringement Proceedings and Evaluations in Civil and Commercial Matters

Published by a LexisNexis EU Law expert

Practice notes

This PrACTice Note

This Practice Note examines how DirECtive 2008/52/EC, the Mediation Directive, has been carried out in EU Member States. All Member States have now given effect to the Directive, except Denmark, which chose to opt out. The details of national transposition cited here are drawn from the EUR-Lex website. The Mediation Directive required Member States to pass domestic laws to comply by 21 May 2011, and to notify the Commission of those texts (Article 12). For broader information on Directive 2008/52/EC, see Practice Note: Mediation Directive...

Mediation Directive implementation-EU Member States

Austria

Status: implemented

Austria already had a comprehensive mediation framework. A Mediation Act took effect on 1 May 2011 and applies to any mediation proceedings commencing after 20 April 2011...
Belgium

Status: requirements provided for in existing provisions

On 21 April 2011, the Belgian authorities informed the Commission that no specific national implementing measures were needed. Existing provisions were left unchanged, as it was considered that the general Code of Civil...

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Web page updated on 28/05/2026

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