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DC Field | Value | Language |
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dc.date.accessioned | 2023-01-17T13:56:02Z | - |
dc.date.available | 2023-01-17T13:56:02Z | - |
dc.date.issued | 2022 | - |
dc.identifier.citation | Farrugia, G. (2022). Is the current legislative framework of mediation the solution to disputes?: the limited impact of EU Directive 2008/52/EC after 10 years since its adoption (Master's dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/105290 | - |
dc.description | M.A. Mediation(Melit.) | en_GB |
dc.description.abstract | Mediation is a process whereby parties to a dispute resolve their own issues with the assistance of a mediator, the latter being an independent and neutral third party. Both at national and international level, legislative measures were enacted in order to promote the use of such tool. On this basis, the author analysed the current Maltese and EU legal frameworks, with special reference to the EU Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, in order to be able to assess whether the scope and objectives of the aforementioned Directive are being effectively implemented. The methodology was purely doctrinal, with reference to a number of EU Briefing Notes and empirical studies carried out by other researchers. Following the analysis, which manifested a lack of use of mediation, the author puts forward a number of recommendations and proposals on how to maximise the use and benefits of mediation, in order to achieve the aims of the Directive, that of promoting the use of mediation as an ideal Alternative Dispute Resolution method. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Dispute resolution (Law) -- European Union countries | en_GB |
dc.subject | Mediation -- European Union countries | en_GB |
dc.subject | Mediators (Persons) -- Legal status, laws, etc. -- European Union countries | en_GB |
dc.title | Is the current legislative framework of mediation the solution to disputes? : the limited impact of EU Directive 2008/52/EC after 10 years since its adoption | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Farrugia, Gabriel (2022) | - |
Appears in Collections: | Dissertations - FacLaw - 2022 Dissertations - MA - FacLaw - 2022 |
Files in This Item:
File | Description | Size | Format | |
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22MMED005.pdf Restricted Access | 1.13 MB | Adobe PDF | View/Open Request a copy |
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