We previously reported on the progress by Member States towards implementing the EU Mediation Directive, the deadline for which was 21 May 2011. In particular, we reported that in July 2011, letters of formal notice were sent to nine countries for failure to implement the Directive. The European Commission is now taking action against six of those countries (Cyprus, the Czech Republic, Spain, France, Luxembourg and the Netherlands). On 24 November 2011, it announced that they have all been sent reasoned opinions, asking them to comply.On 13 September 2011, the European Parliament adopted a non-legislative resolution on the implementation of the Mediation Directive. The resolution can be viewed here. It concludes that most Member States are not only compliant, but are, in some cases, a little ahead of the Directive's requirements.
The resolution emphasises the importance of examining how the legislation has been implemented, ascertaining what practitioners and users of mediation think and considering how the legislation could be improved. A thorough analysis of the main regulatory approaches taken by Member States is recommended, to help identify good practices and draw conclusions about any further action at the European level.