Business Mediation in the Framework of EU-Law

Mediation and all methods of Alternative Dispute Resolution (ADR) are more and more in the focus of the European Union. Since the mediation directive from 2008 the EU tries to promote and harmonise ADR not just in cross-border disputes but also strengthen it in all member states. Especially in disputes in business law, mediation is the method of choice to solve conflicts. With the directive on consumer alternative dispute resolution (ADR) and the regulation on consumer online dispute resolution (ODR), the EU underlines this target. On 17 October 2023, the European Commission issued a package of documents to revise the system of alternative and online dispute resolution. The package contains two legislative proposals that amend the ADR directive and repeal the ODR regulation. The objectives of the revision are to make the ADR framework fit to the digital markets by covering all categories of disputes concerning EU consumer rights. At the same time, the role of the European Consumer Centre’s in helping consumers in cross-border disputes should be strengthened. As an example of the support for mediation on EU level, the new Mediations Centre of the EUIPO will be highlighted at the end of the article. As a result, it can be stated that the EU is creating a space for mediation at all levels, which should be used especially in business mediation.