David Hodson on International Family Law: The EU Mediation Directive

The Directive of the European Parliament and of the European Council of 21 May 2008 on Certain Aspects of Mediation in Civil and Commercial Matters (2008/52) has been adopted by the UK government.

The Directive which had a three year timetable for implementation applies to civil litigation including family law although it is certainly not family law explicit. It creates expectations that member states will encourage mediation wherever possible: it has been directly responsible for Part 3 FPR 2010. It is an incredible opportunity for all family law professionals committed to ADR to bring about much-needed improvements and opportunities both specifically in cross-border work but also in national family law mediation. Yet it has its potential problems especially for mediation administrators and the mediation professions. Thus far there has seemed to be little recognition of these problems in the family mediation industry.

It came into force on 20 May 2011 through the Cross-Border...

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