Is the current legislative framework of mediation the solution to disputes? : the limited impact of EU Directive 2008/52/EC after 10 years since its adoption

Abstract

Mediation is a process whereby parties to a dispute resolve their own issues with the assistance of a mediator, the latter being an independent and neutral third party. Both at national and international level, legislative measures were enacted in order to promote the use of such tool. On this basis, the author analysed the current Maltese and EU legal frameworks, with special reference to the EU Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, in order to be able to assess whether the scope and objectives of the aforementioned Directive are being effectively implemented. The methodology was purely doctrinal, with reference to a number of EU Briefing Notes and empirical studies carried out by other researchers. Following the analysis, which manifested a lack of use of mediation, the author puts forward a number of recommendations and proposals on how to maximise the use and benefits of mediation, in order to achieve the aims of the Directive, that of promoting the use of mediation as an ideal Alternative Dispute Resolution method.