The CEPEJ Working Group on mediation (CEPEJ-GT-MED) has worked on developing mediation practices in Europe from 2006 to 2007 and from 2017 to 2019. 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 has 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.
Ten years later, from 2017 to 2019, the GT-MED was entrusted to facilitate the implementation of the Recommendations of the Committee of Ministers to Member States concerning mediation and, in particular:
- 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 to 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.
- Draft, if appropriate, further tools aimed to ensure an effective implementation of existing recommendations and guidelines
To this end, the working group has developeda "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. Some of these tools have been developed jointly with organisations representing the relevant legal professions.
- Contribute, where appropriate, to the implementation of the relevant co-operation programmes
The tools developed by the Working Group on Mediation have been directly used in co-operation programmes implemented by the CEPEJ.
The Mediation Development Toolkit is therefore a document which has been dynamically improved and completed from 2017 to 2019, and which is addressed to member states wishing to develop the practice and the use of mediation, to mediators and mediation providers, to legal professionals and to any person having an interest in mediation and alternative dispute resolution.
The European Handbook for Mediation Lawmaking is an essential document for states wishing to develop a legal framework conducive to the development of mediation by drawing inspiration from best practices from other European countries. It has been developed in parallel to the Toolkit.
CEPEJ-GT-MED's mandate has been integrated into the CEPEJ-GT-QUAL's mandate since 2020. Work on mediation continues in this context.
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 (12/2007)
- Guidelines for a better implementation of the existing recommendation concerning family mediation and mediation in civil matters - CEPEJ(2007)14E (12/2007)
- Guidelines for a better implementation of the existing Recommendation on alternatives to litigation between administrative authorities and private parties - CEPEJ(2007)15E (12/2007)
Mediation Development Toolkit (12/2018)
Ensuring implementation of the CEPEJ Guidelines on mediation
The documents below complement the Toolkit:
- Mediation awareness programme for judicial officers (06/2021)
- Guidelines on designing and monitoring mediation training schemes (06/2019)
- Mediation awareness programme for judges (12/2019)
- Mediation awareness and training programme for notaries (12/2019)
- Training programme for lawyers to assist clients in mediation (12/2019)