Sleeping? Comatose? Only Mandatory Consideration of Mediation Can Awake Sleeping Beauty in the European Union

A 2014 European Parliament-commissioned study, "Rebooting the Mediation Directive: Assessing the Limited Impact of Its Implementation and Proposing Legislative and Non-Legislative Measures to Increase the Number of Mediations in the EU," ("Rebooting Study") has initiated a much needed review and debate on effective mediation policy. The Rebooting Study, which recommended mandatory mediation for EU litigants with an ability to opt-out and enforcement of the 2008 EU Mediation Directive's Balanced Relationship Target Number ("BRTN") concluded, among other findings, that despite increased awareness of mediation and numerous studies and assessments, which have proved its benefits, mediation still remains largely under-utilized as a method of dispute resolution. With legislative enactments in place to realize mediation's benefits, it seems mediation is a "Sleeping Beauty" waiting for a "Prince Charming" to wake her up. Mandatory mediation with the ability for litigants to opt-out, as the Rebooting Study suggests, might just be the Prince Charming Sleeping Beauty needs to awaken her benefits.