Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-09-13-Speech-2-011-000"
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"en.20110913.3.2-011-000"2
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"Madam President, cross-border mediation in legal disputes can be effective only when Member States enact appropriate legislation at national level. The European Commission reiterated this again on 20 August this year, because at present, EU legislation on mediation has still not been implemented in every country, although the deadline for transposition passed on 21 May this year.
By promoting and facilitating access to alternative forms of justice for ordinary people, we are giving the citizens an instrument which is both effective and cheap. Recent research financed by the European Commission estimates that the amount of time wasted in the EU by not using mediation in disputes comes to between 331 and 446 days, and that the average extra legal costs associated with this reach a level in excess of EUR 13 500 per case.
In Poland, mediation in civil cases was introduced to the national legal system as long ago as July 2005 by amendment of the Code of Civil Procedure. The changes made concur with the directive in the main objectives and the method of creating a separate institution of mediation in procedural law, as well as in the need for doing so. Unfortunately, the statistics from my country show that mediations are attempted in only a tiny percentage of all court cases – it is estimated that on average, only anywhere from 20 to 40 mediations are undertaken in civil cases each year.
The inadequate education of society and the lack of promotion of this relatively new form of justice are hindering its development. Most citizens do not know of the existence of mediation and simply do not make use of it. Therefore, in the interests of the citizens, the Member States should intensively develop programmes which promote this form of resolving disputes. The benefits of mediation, both in financial terms and in terms of reducing the burden on the justice system, as well as the time savings involved, are invaluable.
Finally, I would like to congratulate the rapporteur, Ms McCarthy, on her excellent work."@en1
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