At the Hungarian notariat’s invitation, notaries with expertise in mediation from across Europe met in Budapest on 10 and 11 September 2015. This initiative was in line with the CNUE’s wish to develop notarial mediation at European level. Moreover, this aim is set out in the Notaries of Europe’s 2020 Plan. Ultimately, the Notaries of Europe intend to create a common framework for notarial mediation, as well as a network of notary-mediators identified in the European Directory of Notaries.
During the Budapest meeting, the participants presented the legislative and regulatory systems in force in the Member States, in addition to the practice of notarial mediation in this context. These exchanges allowed an understanding of the various stages of notarial mediation: referral to mediation, recourse to mediation, its outcome and completion. Practical proposals were also made and are now being studied, such as the implementation of common continuous training for European notaries and the development of electronic information tools.
These discussions were all the more important as the Commission wants to begin its revision of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters. By 21 May 2016 at the latest, it will publish a report on its application, possibly with suggestions for adaptations. In this context, a representative from the Hungarian Ministry of Justice presented work underway to the participants.
Directive 2008/52/EC is available at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0052&from=EN
On 11 September, a day of joint discussions was organised with Hungarian judges, with a view in particular to debating the practice of mediation in the area of family and company law and on real estate and inheritance matters. This led to fruitful exchanges on the respective professional practices.
Photos © Erika Beatrix Szabó