Publication details
Development and Forms of Systems of Approach to Mediation in the EU
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| Year of publication | 2022 |
| Type | Chapter of a book |
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| Description | The chapter deals with systems of approach to mediation in the EU. A system of approach to mediation is conceived as a set of measures, factors and their interrelations that determine the possibilities of approach to mediation in a particular country. The various measures and factors may be legal or non-legal in nature. They range from the imposition of an obligation to participate in mediation to, for example, informal provision of information about the possibility of attempting to resolve a dispute in mediation. With respect to the development and forms that systems of approach to mediation in the EU have taken, we first discuss the origins of mediation in Europe, the EU’s efforts in this area and the path towards the incorporation of mediation into the legal systems of the Member States. Subsequently, the basic forms of systems of approach to mediation applied in the Member States are outlined. The systems usually consist of several types of models. Most often, these are the coercion-based model, the motivation-based model, and the model based on the provision of information on mediation. Each of these is discussed in more detail in the third part. |
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