Strasbourg, 22 January 2007

CEPEJ(2007)4

European Commission of the Efficiency of Justice (CEPEJ)

Terms of reference of the Working Group on mediation (CEPEJ-GT-MED)

prolonged by the CEPEJ at its 8th plenary meeting

1. Tasks

Under the authority of the European Commission for the Efficiency of Justice (CEPEJ), the Working Group on mediation (CEPEJ-GT-MED) is instructed to enable a better implementation of the Recommendations of the Committee of Ministers concerning mediation.

In order to fulfil its tasks, the CEPEJ-GT-MED shall in particular:

    a. assess the impact in the states of the existing Recommendations of the Committee of Ministers concerning mediation, that are: Recommendation Rec (98) 1 on family mediation, Recommendation Rec (99) 19 concerning mediation in penal matters, Recommendation Rec (2001) 9 on alternatives to litigation between administrative authorities and private parties, Recommendation Rec (2002) 10 on mediation in civil matters;

    b. draft, if appropriate, guidelines and specific measures aimed to ensure an effective implementation of the existing Recommendations;

    c. suggest, if appropriate, areas in which it could be useful to draft new international legal instruments or amendments to existing ones, taking namely into account the work of other institutions, and in particular the European Union.

2. Composition

The CEPEJ-GT-MED shall be composed of 6 members of the CEPEJ or experts proposed by member states and appointed by the CEPEJ Bureau who have an in-depth knowledge in the field of mediation and other measures of alternative dispute resolution. Their travel and subsistence expenses are be borne by the budget of the Council of Europe. Other experts appointed by the member states might participate in its work, at their own expenses.

The relevant Council of Europe, in particular the European Committee on Legal Co-operation (CDCJ), and European Union bodies might be represented to the CEPEJ-GT-MED without the right to vote or defrayal expenses.

The non governmental organisations granted with the observer status to the CEPEJ might be invited by the Bureau to participate in the work of the CEPEJ-GT-MED, on a case-by-case basis, if the Bureau considers their attendance relevant for the quality of the work.

3. Working structures and methods

The CEPEJ-GT-MED will organise one meeting in 2007.

In carrying out its terms of reference, the CEPEJ-GT-MED may cooperate with the CEPEJ Network of Pilot courts.

It may also seek the advice of external experts and have recourse to studies by consultants.

4. Duration

These terms of reference expire on 31 December 2007.



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