Quantifying the cost of not using mediation – a data analysis

Quantifying the cost of not using mediation – a data analysisQuantifying the cost of not using mediation – a data analysis

AUTHORS
GIUSEPPE DE PALO, President, ADR Center
ASHLEY FEASLEY, ADR Center
FLAVIA ORECCHINI, ADR Center

Abstract

 

 
This is a special moment for alternative dispute resolution in Europe. In recent
years, the mediation law landscape, in particular, has undergone substantial
changes in large part due to the 2008 “European Union Directive on Certain
Aspects of Mediation in Civil and Commercial Matters”. Despite the fact that
mediation saves both time and costs, mediation is far from being solidly
established in Europe. In order to explore and quantify the impact that litigation
has on the time and costs to the 26 Member States’ judicial systems, ADR
Center implemented a study in the context of the European Commission-funded
project “The Cost of Non ADR-Surveying and Showing the actual costs of Intra-
Community Commercial Litigation”. The study measures the financial and time
costs of not using mediation. This paper will focus on the final results of this
study and suggest possible ways to make mediation happen in EU, namely
through the discussion of various incentives and regulations which would make
mass mediation implementation easier.

Quantifying the cost of not using mediation – a data analysis

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