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Europe's ADR Directive

In April, 2002, the European Commission issued a Green Paper on Alternative Dispute Resolution in Civil and Commercial Law. The Green Paper framed questions on the challenges to growth of mediation and other alternatives to litigation in civil and commercial contexts. CPR's Response, which was endorsed by companies with substantial activities in Europe and revenues in the aggregate exceeding a quarter of a trillion euros, was limited to the context of business-to-business disputes. CPR was subsequently invited to join the discourse among leading organizations and individuals that the Commission convened in order to continue to encourage the growth of civil and commercial mediation. In 2004, the Commission issued a Code of Ethics for Mediators. In November 2005, CPR submitted a Response to a Questionnaire concerning the Proposal for the ADR Directive.  The questionnaire was propounded by Arlene McCarthy MEP, and the CPR Response was submitted on its own behalf and on behalf of a group of corporate members of CPR who are active in Europe.  The CPR Response strongly encouraged passage of the Proposal Directive, but offered suggestions for improvement, particularly on the treatment of mediation confidentiality.  The various responses to Ms. McCarthy’s Questionnaire resulting in a re-energizing of the political advocacy for the Directive and, in May 2008, the Directive was enacted

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