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Towards a common framework for notarial mediation in Europe

Mediation is an alternative method of conflict resolution. It has many advantages and avoids the torments of legal proceedings that are necessarily long, complex and costly.

This is why the European Union encourages amicable dispute settlement through mediation. To this end, it adopted Directive 2008/52/EC which seeks to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and ensuring a balanced relationship between mediation and judicial proceedings.

The CNUE follows this work closely. In many European countries, notaries can act as mediators. By their very nature, notaries can play a crucial role in mediation procedures. As confidants for families and advisors to businesses, they can put their listening skills and professional legal expertise to the service of conflict resolution.

In addition, the CNUE is working to create a common framework for the practice of notarial mediation in Europe. With the European Union’s support, CNUE published in 2018 a practical guide for notarial mediation at European level. Eventually, the CNUE wants to set up a European network of notary-mediators and develop a series of practical tools for them.

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