The Council of the Notariats of the European Union published on Tuesday 9 October a Practical Guide to Cross-border Notarial Mediation, presented in Brussels as part of a conference bringing together notaries from across Europe, representatives of the European institutions and other professional organisations.
This guide is the result of the work carried out as part of the Mediation for Notaries – Notaries for Mediation project, coordinated by the CNUE and co-funded by the European Commission. It reflects the willingness of the notaries of Europe to develop a common framework for the practice of cross-border notarial mediation.
Consult the guide at the following link: http://www.notaries-of-europe.eu/files/training/guide-médiation-en-min.pdf
The Mediation for Notaries – Notaries for Mediation programme
With the European Commission’s support, the CNUE has been running the Mediation for Notaries – Notaries for Mediation programme throughout 2018. In this context, five workshops were organised in five different countries (Belgium, Spain, France, Italy and Slovenia). They provided an opportunity to compare national mediation practices, particularly in the handling of cross-border cases, and served as a basis for drafting the practical guide and setting up a European network of notary-mediators on the platform of the European Notarial Network (ENN – www.enn-rne.eu).
Presentation conference – Brussels, Tuesday 9 October 2018
The results of the Mediation for Notaries – Notaries for Mediation project were presented at a conference held in Brussels on Tuesday 9 October.
To begin, Yves Behets Wydemans, notary-mediator in Brussels and Chair of the CNUE’s Mediation working group, recalled the reasons that led to the implementation of the project, namely: the development of a common practice of mediation by European notaries, the creation of an international network of notary-mediators and, in view of the growing demand to avoid the courts, the promotion of mediation as an alternative means of dispute resolution. In this context, the five national workshops made it possible to study the practice of mediation in each country and to assess the possibility of cross-border co-mediation between two notaries. These workshops laid the first foundations for a network between the participating notaries, which is now operational on the ENN’s online platform.
In the light of the results obtained, Clarissa Fonda, notary-mediator in Rome, identified various avenues of work that the CNUE could support in the medium term. She thus proposed, in partnership with the European institutions, to develop a common training programme in order to have transnational notary-mediators in the future. The creation of common clauses for mediation agreements and the establishment of a European centre for notarial mediation were other possibilities mentioned during her speech.
Georg Haibach, representative of the European Commission’s Directorate-General for Justice, elaborated on the current European legislative framework, namely the Directive of 21 May 2008 on certain aspects of mediation in civil and commercial matters (https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:136:0003:0008:EN:PDF). Stressing that not everything could be resolved by the legislature, he called on participants to take advantage of the co-funding opportunities offered by the European Union. In this context, he congratulated the CNUE on its project, as an example of “best practice” with respect to what can be done and what mediators need.
Rimantas Simaitis, reported on the ongoing work of the Mediation working group (which he chairs) of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe. He called on the CNUE for closer cooperation, in particular through the establishment of common mediation training standards and statistics at national level.
The commitment of the Notaries of Europe for mediation
This project and its results are an important step in the process initiated by the CNUE to promote notarial mediation. This is one of the commitments made by the CNUE in its 2020 plan (http://www.notaries-of-europe.eu/plan2020/index_en.html) to provide new solutions for the daily lives of citizens travelling in the EU area.
As requested by the European institutions, the Notaries of Europe will continue to invest in mediation practices through awareness-raising and promotional activities in order to further stimulate the use of mediation as an alternative dispute resolution mechanism.