INITIATIVES

First training and Bulgarain reflections on Directive 2013/11/EU on ADR for consumers disputes and Regulation (EU) no 524/2013 on ODR for consumer disputes

The Professional Association of the Mediators in Bulgaria (PAMB) arranged its first specialized training on ADR approach to consumer disputes on 2 July. The training was designed in accordance with Regulation No 2 under the Mediation Act providing the guidelines for specialized upgrading trainings for certified mediators. Accomplished with the participation of experts from the ECC – Net (Bulgaria) and the Consumer Protection Commission it covered basics on the consumer disputes as well the Directive 2013/11/EU on ADR consumers disputes

(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0063:0079:EN:PDF)

and Regulation (EU) No 524/2013

(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0001:0012:EN:PDF)

both published in the Official Journal of the European Union on 18.6.2013 and entering into force on the twentieth day following that of its publication, i. e. July 8.

Though covering only part of the possible disputes between business (that of traders) and natural persons (that of consumers) these two interlinked and complementary legislative instruments are expected to boost out-of-court ADR instruments on the whole and in particular mediation.

The Directive 2013/11/EU transposition, pending in Member States (9 July 2015) raises many issues to consider:

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Euro NET Mediation

pamb1General aim: - To create informal network of mediation organization Euro Net Mediation - truly integrated network of mediators beneficial for each party.
The network mainly aims: - To support the development of mediation and related alternative dispute resolution methods in Europe; - To bring the participants in close cooperation and to unite their efforts in the common aim for fostering new approaches towards conflict resolution; - To exchange experience, best practices, information, know-how; - To provide mutual support on good initiatives; - To develop effective mediation policies, services and legislation; - To promote  the development of principles, ethics, standards; - To share common positions before European institutions on important legislative initiatives in the area of ADR or mediation.

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Increasing the quality of mediation through creating of mediation as a profession in the eu member states

ecdr1Problem: - Poor and not consistent self-regulatory framework for mediators’ profession; - Lack of common quality indicators of mediation services.
Solution: - To analyse existing regulatory and self-regulatory approaches in order to  introduce common criteria for the sustainable quality of mediation profession, taking into account, inter alia, standards for initial and continuous training accreditation and certification, complaint mechanisms against mediators and other relevant aspects; - To identify abovementioned best practice modes;
- To consider setting up appropriate independent and representative bodies in each country, such as chambers of mediators or similar bodies with self-regulatory powers concerning mediation profession.

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Mediation and ADR friendly law firms

pamb1Problem: - Resistance of Lawyers to ADR and Mediation; - Non effective work with lawyers through “direct” contacts; - Difficult approach to Bar associations.

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Mediation for all

pamb1Problem: - Efforts for promotion of mediation are primarily concentrated on legal professionals, leaving out the actual “consumers” of the service; - The language used for the promotion of mediation is usually complex and hard to grasp from people with non-legal background; -Lack of information and trust in the mediation process represents the biggest resilience to the expansion of mediation.

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