The influence of the Court of Justice of the EU: a guiding light for mandatory mediation in Europe
The influence of the Court of Justice of the EU: a guiding light for mandatory mediation in Europe

Summary/Abstract: This article explores the evolving role of mandatory mediation in Europe, shaped by key decisions from the Court of Justice of the European Union (CJEU). It begins by discussing the EU Mediation Directive 2008, which aimed to promote mediation to reduce court backlogs and improve access to justice. Despite its adoption, many EU Member States struggled with effective implementation, leading to the introduction of mandatory mediation models. The mandatory mediation models that were initially introduced sparked debates about whether they undermine voluntary participation and effective access to justice. Constitutional courts in Italy supported mandatory mediation, while courts in Romania and Bulgaria opposed it. The Court of Justice of the European Union (CJEU) weighed in through key rulings in Alassini (2008) and Menini (2016), affirming that mandatory mediation is compatible with access to justice if safeguards like reasonable timeframes and legal representation are upheld. In 2024, the CJEU's C-658/2023 Investcapital Ltd. decision strengthened this position by allowing national courts to enforce mandatory mediation laws, even if their own constitutional courts had previously ruled against them. This decision encourages a more unified approach to dispute resolution across the EU and pushes Member States to reconsider and potentially reinstate mandatory mediation frameworks. The ruling highlights the importance of balancing judicial efficiency with individual rights and suggests that now is the right time for EU-wide consultations to establish best practices and data-driven policies for mediation. The authors of this article suggest that a new collaborative approach on mandatory mediation could shape a more effective dispute resolution systems at both national and EU levels.

• Details
• Contents