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EU Cross-Border Mediation in Civil, Commercial, and Family Matters
Mediation plays a key role in judicial cooperation within the European Union, particularly in resolving civil (including family) and commercial disputes efficiently, amicably, and cost-effectively. The EU has introduced several legislative and practical measures to promote mediation, recognising its potential to reduce litigation, save time, and foster mutually acceptable outcomes.
At the heart of this framework is the Mediation Directive (2008/52/EC), which applies to cross-border disputes in civil and commercial matters. It encourages mediation use, supports the enforceability of agreements, and ensures key safeguards, including confidentiality and the suspension of limitation periods. The ADR Directive (2013/11/EU) complements this framework, particularly in consumer disputes, and aligns with the EU’s broader judicial cooperation goals.
This course offers a comprehensive overview of EU legal and policy frameworks governing mediation, including recent developments, national implementation, and cross-border challenges.
Participants will examine how mediation operates across key sectors:
- Family law, where it supports non-adversarial solutions in matters such as custody and parental responsibility, with reference to the Brussels II-ter Regulation and the Maintenance Regulation.
- Commercial disputes, where mediation provides flexible, interest-based solutions and is increasingly supported by ADR centres and business institutions.
The programme also explores judicial cooperation tools that encourage mediation – such as the European e-Justice Portal and court-annexed mediation – and reflects on current EU policy initiatives and technological innovations, including the growing use of digital platforms and AI tools in mediation practice.
You will learn about:
- The legal foundations and scope of the Mediation Directive (2008/52/EC) and its relationship with the ADR Directive (2013/11/EU)
- Practical enforcement of mediated agreements across Member States
- Best practices in family and commercial mediation, including cross-border cases
- Judicial cooperation tools that promote mediation in civil and family law
- The impact of digitalisation, online platforms, and AI on mediation practice
The course combines expert-led presentations, practical case studies, and interactive group discussions. It emphasises comparative analysis and real-world examples to deepen participants’ understanding of how EU mediation law functions in practice. Each session includes Q&A time and encourages experience-sharing among participants.
Interactive components include:
- Case-based discussions
- Peer-to-peer exchange on implementation challenges
This course will help you:
- Understand the EU’s approach to promoting mediation in civil, commercial and family law
- Apply key legal concepts in practical contexts, including enforcement and judicial support for mediation
- Recognise cross-border challenges and identify possible solutions through shared experience
- Stay up to date with recent EU case law and policy discussions on the role of ADR
- Explore new trends such as digital platforms and AI tools in mediation
This course on EU Cross-Border Mediation in Civil, Commercial, and Family Matters is one of the courses we are offering in Luxembourg on cross-border judicial cooperation and dispute resolution in civil and commercial matters.
Interested to learn more about the related courses? Please click below:
Cross-Border Civil Judicial Litigation
Cross-Border Judicial Cooperation in Civil Matters
Cross-Border Litigation: Debt Recovery
This course is designed for EU and national civil servants, lawyers and in-house counsel dealing with cross-border disputes.
Project number: 2550702
Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg
Programme Organiser
Ms Elisa Dolci
Tel: +352 691 108 038
e.dolci@eipa.eu
Fee
The fee includes documentation, refreshments, and a lunch. Accommodation and travel costs are at the expense of the participants or their administration.
Discounts
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.
Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden.
For all other participants, the regular fee applies.
Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.
Loyalty coupon
As a token of appreciation we offer all our participants a loyalty coupon for one of our future courses. The offer can be shared with colleagues and relevant networks. The coupon will expire one year after its release. This discount is not cumulative with other discounts, except for the EIPA member fee.
Meals
Dietary preferences can be indicated on the registration form.
Hotel reservations
EIPA has special price arrangements with a number of hotels. Most rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out.
Kirchberg
- Hotel D’Coque***, via https://www.coque.lu/coque-hotel-superior/online-booking, tel.: +352 43 60 60 222
Luxembourg Centre
- Hotel Parc Plaza****, at the rate of €182, (Reservation code: EIPA0118): https://www.goereshotels.com/parc-plaza-en
- Hotel Parc Bellevue***, at the rate of €150, (Reservation code: EIPA0118): https://www.goereshotels.com/belle-vue-en: +352 44 23 23 23 23; e-mail: reservation@goereshotels.com;
- Hotel Simoncini****, at the rate of €190, tel.: +352 22 28 44; e-mail: simhotel@pt.lu or simoncinihotel@pt.lu; https://www.hotelsimoncini.lu/.
Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.
Payment
Prior payment is a condition for participation.
Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).
A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.
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Programme
09.00 | Registration of participants |
09.30 | Welcome and Introduction to Cross-Border Mediation in the EU This session introduces the EU’s evolving policy framework for mediation, highlighting its significance in reducing litigation, ensuring faster outcomes, and supporting access to justice. It will provide an overview of the legal and institutional context, the rationale behind the Mediation Directive, and the role of mediation in creating a more efficient, people-centered civil justice system across borders. Dr. Cristina M. Mariottini, EIPA Luxembourg – European Centre for Judges and Lawyers |
10.00 | The Mediation Directive (2008/52/EC): Scope, Implementation, and Challenges This session delves into the legal and practical effects of the Mediation Directive, examining how it operates in cross-border scenarios. It will assess the extent of national alignment, judicial awareness, and challenges such as inconsistent application, lack of incentives, and cultural resistance to mediation. Comparative examples from different Member States will illustrate divergent implementation experiences and lessons learned. Dr. Cristina M. Mariottini |
10.45 | Q&A |
11.00 | Consumer ADR in the Digital Age: Implementing the ADR Directive for Accessible Justice This session explores how the ADR Directive has shaped consumer redress across sectors, including financial services, telecoms, and e-commerce. It will examine challenges in achieving consistent quality and visibility of ADR schemes, the increasing use of AI-powered platforms, and the regulatory and ethical implications of digital tools. The repeal of the ODR Regulation will also be examined in depth within this evolving context. Dr. Cristina M. Mariottini |
11.45 | Q&A |
12.00 | Family Mediation in the EU: Procedural Safeguards and the Best Interests of the Child This session explores the role of mediation in cross-border family law, including parental responsibility and child abduction. References to Brussels II-ter, the Maintenance Regulation, and Hague Conference instruments. Voluntary vs. mandatory mediation in cross-border family cases. Balancing mediation with legal certainty and procedural safeguards. Ensuring child participation and protecting the best interests of the child Prof. Nadia Rusinova, Qualified Mediator at the International Mediation Institute (Bulgaria/Netherlands) and Lecturer at The Hague University |
12.45 | Q&A |
13.00 | Lunch |
14.30 | Cross-Border Family Mediation Agreements: Practical Drafting and Recognition Pathways under EU Law This session bridges practice and law by offering practical guidance on conducting cross-border family mediation aimed at outcomes that are child-focused, balanced, and adaptable to diverse legal systems. Best practices for drafting, structuring and formalising mediated agreements, while also addressing the legal requirements for recognition and enforcement under the Brussels II-ter Regulation, the Maintenance Regulation, and the 2007 Hague Child Support Convention. Prof. Nadia Rusinova |
15.15 | Q&A |
15.30 | Case-Study/ Workshop Comparative country panels: analysis of a case study in subgroups from the perspective of their national systems and present how mediation, enforcement, and child-related safeguards would apply Prof. Nadia Rusinova Dr. Cristina M. Mariottini |
16.15 | Q&A |
16.30 | Conclusions and evaluation |
17.00 | End of the course |