Quantifying the Cost of Not Using Mediation – A Data Analysis

It’s an exciting time for ADR in Europe. 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 time and costs, mediation is far from being solidly established in Europe.

ADR Center, a partner of JAMS International, implemented a study to explore and quantify the impact that litigation has on the time and costs to the Member States’ judicial systems. The study measures the financial and time costs of not using mediation. The published paper, available for download here, focuses on the final results of the 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.