Mediation in commercial conflicts

Abstract

Mediation is an used procedure among the commercial dispute resolution in the United States and many other common law jurisdictions. On the other side, the state of development of the alternative dispute resolution and mediation in continental Europe is not even and has not such a wide experience as the United States. The European Union rules provide a framework for Member States to set their own legal paths and institutions in order to promote and efficiently use this way of solving conflicts. Encouraging the use of mediation facilitates the resolution of disputes and helps to avoid the worry, time and cost associated with court-based litigation, in this way citizens are enabled to secure their legal rights in an efficient way.