Cross-Border Mediation Proceedings within the European Union

Abstract

This article examines the nature and principles of cross-border mediation. Within the European Union, this form of mediation is used in cases where one of the parties to a dispute resides or is established in a different Member State from the other parties, or where the parties have different nationalities.It mainly concerns disputes and conflicts in family matters (residence of the child, exercise of parental authority, access to the child, and the like). However, the use of this type of mediation is broader. It can, for example, be used in civil and commercial disputes (such as in the enforcement of contracts between business partners) and in consumer matters. With ongoing social and economic development, and the diminishing of barriers between countries, the importance of cross-border mediation is likely to increase. The article primarily examines the fundamental principles common to the various systems of the EU Member States and discusses the main instruments of international law on which these are based. This article
also considers the advantages and disadvantages that continue to prevent mediation from being recognised as an effective tool.