Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-09-13-Speech-2-012-000"
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"en.20110913.3.2-012-000"2
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"Madam President, I wish to thank Mrs Reding for her words. It is so good to see Parliament doing a report on implementation, especially at this stage in the life of a directive – almost contemporaneous with the moment that it comes into force. I would like to pay tribute to the work that Mrs McCarthy has done. Parliament has shown itself at its best in looking at what has happened in the various Member States and highlighting what needs to be done, and also what has been done well.
I have to admit that I was one of those sceptics that Mrs McCarthy referred to. I was nervous when a directive was first proposed, because Parliament, when looking at the Green Paper, had said first of all that we did not want legislation because we were concerned that this would threaten the diversity and experimentation which we saw taking place in mediation across the Member States. I have to say we have seen, through our workshop and through this report, that nothing could be further from the truth. The directive has done a good job in providing a framework – a framework which allows experimentation and the diversity of approaches to flourish across the Member States. It is not a straitjacket, but it does provide sufficient legal certainty.
There are problems. Clearly not everybody has implemented as they should; some practitioners mutter about problems to do with the confidentiality of the process. However, we should take heart from the fact that mediation is now seen as a method which is much more modern, and more contemporaneous, in providing access to cross-border justice. If one looks back at medieval ways of providing answers to legal disputes – trial by battle, trial by ordeal – traditional justice looks almost as medieval by comparison to mediation, which provides an easier solution, with less stress to the parties and to society as a whole."@en1
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