Lessons Learnt from the Implementation of the EU Mediation Directive in Germany : the Point of View of Lawyers

Germany has to date not implemented the Mediation Directive. The government has drafted a mediation law. Both the Mediation Directive and the Mediation draft law merit approval as they retain mediation’s inherent flexibility. The most significant problem in practice is how confidential information from the mediation can be excluded as evidence in subsequent proceedings.