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Part II Mediation Rules and Mediation in Practice, 10 Mediation of Cross-Border Commercial Disputes in the European Union

Karen Vandekerckhove

From: Mediation in International Commercial and Investment Disputes

Edited By: Catharine Titi, Katia Fach Gómez

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 February 2021

UNCITRAL Model Law — Mediation

Mediation has received considerable attention at European Union level during the last few years. Several directives have been adopted, especially the general Directive 2008/52 of 21 May 2008 on certain aspects of mediation in civil and commercial matters and the specific instruments focused on consumer matters, Directive 2013/11 on consumer alternative dispute resolution (ADR) and Regulation 524/2013 on consumer online dispute resolution (ODR). EU law further guarantees the enforceability of mediated agreements both within member states and across borders. This regulatory framework has promoted mediation across the member states, triggering and boosting reform at national level. At the same time, questions arise as to the relationship and coherence among the various instruments. A horizontal evaluation covering all the existing instruments in the area of mediation could form the basis for a better coordination between them. While the cross-border enforcement of mediated agreements in commercial matters is already to a great extent regulated among member states, the EU could also play a key role in the development of a legal framework at the international level, by participating in the preparation of a judgment’s convention under the auspices of the Hague Conference on Private International Law and a model law/convention in UNCITRAL.

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