The CEPEJ Working Group on Mediation continues to develop tools to promote and facilitate the use of mediation in judicial systems. To this end, at its meeting on 6 and 7 May 2019, it discussed in particular the draft European Handbook for mediation Lawmaking, the programme to raise judges' mediation awareness and guidelines for the training of mediators. In addition, the Group discussed the progress of the feasibility study on the possible drafting of a Council of Europe Convention on mediation, conducted by the scientific experts, Leonardo d'Urso and Mirjana Visentin, on which the CEPEJ is expected to give its opinion at the end of 2019.
After an interruption of almost ten years, the CEPEJ working group on mediation (CEPEJ-GT-MED) resumed its work in 2017. During its first mandate, the GT-MED had conducted a study on the impact of the Committee of Ministers' Recommendations concerning family mediation, mediation in criminal matters, alternatives to litigation between administrative authorities and private parties and mediation in civil matters. The GT-MED had also drawn up guidelines in these areas as well as specific measures to ensure effective implementation of these recommendations in Council of Europe member states.
Under its new mandate, the GT-MED remains entrusted to facilitate the implementation of the Recommendations of the Committee of Ministers to Member States concerning mediation and, in particular:
a. assess the impact in the States of the existing CEPEJ Guidelines and update these Guidelines, where appropriate ; To this end, the working group has carried out an impact assessment which allows it to have an overview of the use made of the various Council of Europe tools within Member States and to draw up recommendations for mediation actors and public authorities in order to promote the development of mediation in Europe.
b. draft, if appropriate, further tools aimed to ensure an effective implementation of existing recommendations and guidelines; To this end, the working group is developing a "toolkit" to support the main mediation actors and States with concrete and varied tools on, for example, training and qualification in mediation, access to mediation, awareness-raising of the judiciary, users of justice and the general public, etc. It should be noted that some of these tools are developed jointly with organizations representing the relevant legal professions.
c. contribute, where appropriate, to the implementation of the relevant co-operation programmes.
CEPEJ working group on mediation (CEPEJ-GT-MED)
- Guidelines for a better implementation of the existing recommendation concerning mediation in penal matters - CEPEJ(2007)13E / 7 December 2007
- Guidelines for a better implementation of the existing recommendation concerning family mediation and mediation in civil matters - CEPEJ(2007)14E / 7 December 2007
- Guidelines for a better implementation of the existing Recommendation on alternatives to litigation between administrative authorities and private parties - CEPEJ(2007)15E / 7 December 2007
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