A COMPARATIVE ANALYSIS OF THE EUROPEAN MEDIATION
A COMPARATIVE ANALYSIS OF THE EUROPEAN MEDIATION

Summary/Abstract: The EU directive 2008/52/EC has represented for many European countries the occasion to introduce a consistent discipline of the civil and commercial mediation. This regulatory vigour deserves an appropriate deepening, since it represents an outline of the regulatory pluralism which is possible to draw from, in order to renew the community model in regard to mediation matters. The unique distinctions existing among the member states constitute, indeed, the “living base” to identify the best practices operative at a state level. In particular, the purpose of the essay is to focus the attention to the Romanian, Spanish, Italian and Irish legislations which show peculiar elements and give efficient regulatory schemes, especially when the model proposed at a national level presents itself as independent and original compared with the not always valiant choices enacted at a European stage.

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