Event Invitation: Rebooting the EU Mediation Directive – 2024 Edition

The International Mediation Institute (IMI) is delighted to support the launch of the 2024 “Rebooting Mediation – Global Edition” Study led by the Dialogue Through Conflict Foundation (DTC)!

The Dialogue Through Conflict Foundation (DTC) in partnership with Mykolas Romeris University (MRU) and an international team of mediation experts has launched an international initiative to promote the wider use of mediation within Europe and the UK – “Rebooting the EU Mediation Directive”.

DTC is leading a global empirical study to provide decision-makers with evidence-based insights on both the benefits and challenges associated with different mediation policies. This initiative is partly funded by the Mykolas Romeris University (Lithuania) Research Promotion Fund. Ten years after the original study “Rebooting The Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU”, professionals from around the EU, and the UK, were invited to evaluate the current scope of mediation locally and to propose measures aimed to promote the increased use of mediation.

It builds upon the Rebooting the Mediation Directive study, presented to the European Parliament in 2014, to understand why mediation was not as widely adopted as expected despite efforts such as the EU Mediation Directive. It was then observed that whilst mediation is widely recognized as an effective and cost-efficient dispute resolution method, it is still hardly used by EU Member States. Later initiatives undertaken by the EU institutions to evaluate the Mediation Directive during 2017-2018 highlighted the need to seek more effective legislative measures to promote the use of mediation in civil disputes. At the end of 2023, the international scientific conference “Overcoming the Mediation Paradox: Ideas, Challenges, Best Practices“, held in Vilnius, brought together mediation experts, scholars and enthusiasts from more than 20 countries, and encouraged a renewal of the initiative to explore more effective solutions to overcome the mediation paradox.

Led by The Foundation’s President, Professor De Palo and conducted by Central Editorial Team of Prof. Dr. Agnė Tvaronavičienė, Head of Mediation and Sustainable Conflict Resolution Laboratory (MRU, Lithuania), Prof. Dr. Bryan Clark, Deputy Head (Academic Affairs), Newcastle Law School (UK), Prof. Mary Trevor, Emerita Professor of Law, Mitchell Hamline School of Law (USA), this new study is based upon a questionnaire addressed to various dispute resolution experts across the EU and the UK. The questionnaire covers estimates of the current mediation market, assessment of existing laws, legislative and non-legislative proposals, and information on mediation and litigation costs. The survey is conducted anonymously, and the first results will be published and presented in the Fall of 2024.

The Foundation strongly believes that increasing mediation use is fundamental to the advancement of the United Nations Sustainable Development Agenda Goal No. 16 to ensure universal access to justice and achieve peaceful and inclusive societies. In fact, as part of its Sustainable Conflict Global Initiative (SCGI), the Foundation advocates for international consensus on the legal principle that serious and reasonable mediation efforts should be required in at least a minimum percentage of all suitable litigated cases.

Mediators, lawyers, judges and all dispute resolution professionals are invited to contribute to the survey by completing the questionnaire either in their national language or in English by 15 June 2024. Your opinion is essential for an ongoing initiative to increase awareness and promote the use of mediation. The questionnaire in English is available here: https://www.surveymonkey.com/r/3SNX7ZW.

Following Europe and the UK, the same questions will be extended to mediation experts and practitioners worldwide: the GCC+ Countries, Switzerland, Brazil, and the Asia-Pacific region will follow.

Please do not hesitate to reach out to the Foundation if you’d like to bring this global project to your continent/region: rebooting@dialoguethroughconflict.org.

This article was written with the contribution of Federica Simonelli (Dialogue Through Conflict Foundation) and Indre Korsakoviene (Mykolas Romeris University).

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