Mediation in civil and commercial matters: Transposition of the European Directive of 21 May 2008 in French law
May 2012Paris International Litigation Bulletin no. 3
Directive no. 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters has been transposed in French law by Order no. 2011-1540 of 16 November 2011, completed by Decree no. 2012-66 of 20 January 2012. While this reform effectively enabled to establish common rules to all types of mediation and other Alternative Dispute Resolution procedures, a more thorough analysis shows that its concrete outcome is still limited.