Sleeping - Comatose - Only Mandatory Consideration of Mediation Can Awake Sleeping Beauty in the European Union
![handle is hein.journals/cardcore16 and id is 757 raw text is: 2014 JED D. MELNICK ANNUAL SYMPOSIUM
SLEEPING? COMATOSE? ONLY MANDATORY
CONSIDERATION OF MEDIATION CAN
AWAKE SLEEPING BEAUTY IN THE
EUROPEAN UNION
Giuseppe De Palo and Romina Canessa*
A 2014 European Parliament-commissioned study, Reboot-
ing the Mediation Directive: Assessing the Limited Impact of Its
Implementation and Proposing Legislative and Non-Legislative
Measures to Increase the Number of Mediations in the EU,'
(Rebooting Study) has initiated a much needed review and de-
bate on effective mediation policy. The Rebooting Study, which
recommended mandatory mediation for EU litigants with an abil-
ity to opt-out and enforcement of the 2008 EU Mediation Direc-
tive's2 Balanced Relationship Target Number (BRTN)
concluded, among other findings, that despite increased awareness
of mediation and numerous studies and assessments, which have
proved its benefits, mediation still remains largely under-utilized as
a method of dispute resolution. With legislative enactments in
place to realize mediation's benefits, it seems mediation is a
* Giuseppe De Palo is a mediator and President of the ADR Center in Rome. He is also
Professor of ADR Law & Practice at Hamline University School of Law in St. Paul, Minnesota.
He has written extensively about ADR and, in January 2014, presented to the Legal Affairs
Committee of the European Parliament the research study Rebooting the Mediation Directive:
Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Num-
ber of Mediations in the EU, of which he was the coordinator. Romina Canessa is a co-author of
Rebooting the Mediation Directive: Assessing the Limited Impact of its Implementation and Pro-
posing Measures to Increase the Number of Mediations in the EU. She holds a Juris Doctor
Degree in Law from Benjamin N. Cardozo School of Law and Bachelor of Science Degree in
International Politics from the Walsh School of Foreign Service at Georgetown University. Spe-
cial thanks to Bryan Branon for his assistance in reviewing drafts of the Article.
I GIUSEPi'E Dp PAi.o, LI-ONARDO D'Uizso, MARY TREVOR (HAMINI. UNIVERSIrY
SciiooiL Oi LAW), BRYAN BRANON, ROMINA CANESSA, BIviPI x' CAWYER & REAGAN FLo-
RIE.NCI-, REHOOIING FHEi. Mi. i)IATION DIIRlE.CTIVE: ASSESSING TIlE LIMIrI'D IMPACT OF IS IMPLE-
MENTATION AND PROPOSING LEGISLATIVE ANr) NON-LIcaISILATIVI- MEASUEIS -10 INCREASE
IIIE NUMBER OF MIEDIATIONS IN THE EU (2013), available at http://www.europarl.europa.eu/
RegData/etudes/etudes/oin/2014/493042/IPOL-J URlET%28201 4%29493042_EN.pdf [herein-
after RIBOOTING STUDY].
2 Directive 2008/52, of the European Parliament and of the Council of 21 May 2008 on
Certain Aspects of Mediation in Civil and Commercial Matters, 2008 OJ (L 136), available at
http://eur-lex.europa.eu/legal-content/en/ALL/?uriq LEX:32008L052 [hereinafter Directive].](ViewImageLocal?handle=hein.journals/cardcore16&div=31&collection=&method=preview&ext=.png&size=3)
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Sleeping - Comatose - Only Mandatory Consideration of Mediation Can Awake Sleeping Beauty in the European Union
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