The 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 represents the culmination of a process by which the Member States of the EU intend to create a useful alternative to the traditional dispute resolution methods in the region: ordinary courts and arbitration. At the same time, the transposition of this Directive in the States, each of them with different legal and cultural background in the subject, is also the starting point of a common process of implementation of mediation, whose result may vary from one State to another. This article takes a comparative law approach to analyse how different aspects of mediation (mandatory mediation, the status and capacities of the mediator, the statute of limitations, the treatment of confidentiality and costs) may influence the future evolution of mediation in the EU and how the professionals involved, specifically lawyers, may play a role in this evolution.
Iurgium [previously Spain Arbitration Review]