From Promise To Practice: Resolving The Mediation Paradox In Europe
The effectiveness of mediation in civil and commercial disputes is a well-established fact, supported by extensive research, practice and international policy frameworks. Yet, despite its numerous advantages— such as faster resolution times, reduced legal costs and more amicable settlements—mediation continues to be dramatically underutilized in most jurisdictions around the world. This curious and persistent underuse is widely recognized within the EU as the “paradox of mediation.” As a result, both disputing parties and national justice systems are deprived of the substantial advantages that mediation can offer.
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The effectiveness of mediation in civil and commercial disputes is a well-established fact, supported by extensive research, practice and international policy frameworks. Yet, despite its numerous advantages— such as faster resolution times, reduced legal costs and more amicable settlements—mediation continues to be dramatically underutilized in most jurisdictions around the world. This curious and persistent underuse is widely recognized within the EU as the “paradox of mediation.” As a result, both disputing parties and national justice systems are deprived of the substantial advantages that mediation can offer.
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