Evolution of Alternative Dispute Resolution in the Law of the European Union – considerations in the context of the jurisprudence of the Court of Justice

Abstract

Interest in Alternative Dispute Resolution (ADR) is a relatively recent development in the EU. In the broadest sense ADR is an alternative to the entire administration of justice by courts of law. This paper focusses on the selected aspects of alternative dispute resolution in the context of the jurisprudence of the Court of Justice. This paper claims that in the EU a new, integrated system of alternative dispute resolution is being formed based on a uniform set of rules that influences the evolution and development of mediations in Member States independently of the Member States’ previous experiences in this field. Therefore, the objective of this paper is to analyse not only EU laws, but also rulings of the Court of Justice which are still scarce in this respect. However, CJ rulings provide guidance on the interpretation of issues that are new to Member States, and that led to certain infringements in the initial period of implementation of the EU law in the area concerned.