| Author (Person) | Chapman, Peter |
|---|---|
| Series Title | European Voice |
| Series Details | Vol.10, No.9, 11.3.04 |
| Publication Date | 11/03/2004 |
| Content Type | News |
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By Peter Chapman Date: 11/03/04 EU BUSINESSES and citizens will have the right to settle disputes outside the courtroom under proposals being drawn up by Justice and Home Affairs Commissioner António Vitorino. An aide to the Portuguese justice chief said the law would complement a code of conduct for mediation services expected to be finalized in the summer after meetings with practitioners. Under the new rules, member states would put in place the necessary legal machinery so that the two parties in disputes can actively cooperate to find a solution - with the help of third parties or "mediators". The move follows concern that the cost and time it takes to fight many cases in the courts often deters citizens and firms from fighting for their rights. "It will be a very general framework directive to promote mediation - not to impose it," said a specialist in Vitorino's "civil matters" section, adding that firms and citizens would retain the right to push their claims in the courtroom. Under the directive, judges would be able to refer cases to mediation if the parties accepted it. It would also get rid of legal barriers in some member states that prevent plaintiffs from pursuing court action if mediation fails. "This could cover anything from a commercial dispute to cases involving families," said the official, adding the rules would cover both cross-border and domestic cases. The directive follows a 2002 green paper and a hearing last year, which targeted legal barriers preventing the more widespread acceptance of out-of-court schemes. Alternative dispute resolution (ADR) schemes were heralded at the Tampere summit in 1999 as part of the EU's efforts to nurture judicial cooperation in civil and commercial matters. Since then, the Lisbon summit in 2000 called for ADR schemes to be extended to e-commerce. Under a directive being prepared by Justice and Home Affairs Commissioner, António Vitorino, judges would be able to refer cases to mediation if both parties accepted it. |
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| Source Link | http://www.european-voice.com/ |
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| Subject Categories | Justice and Home Affairs |
