European Commission for the Efficiency of Justice (CEPEJ)

Terms of reference of the Working Group on mediation



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 CEPEJ Guidelines on penal mediation (CEPEJ(2007)13), on family and civil mediation (CEPEJ(2007)14), and on alternatives to litigation between administrative authorities and private parties (CEPEJ(2007)15), and update these Guidelines, where appropriate ;

b.               draft, if appropriate, further tools aimed to ensure an effective implementation of existing  recommendations and guidelines in the field of mediation, in particular to facilitate access to mediation, raise the awareness of the judicial professions, raise the awareness of court users and the general public, develop training and qualification for mediation;


c.      contribute, where appropriate, to the implementation of the relevant co-operation programmes.

2.         Composition

The CEPEJ-GT-MEDshall be composed of 6 members of the CEPEJ or other experts, as well as possibly 2 deputy members, proposed by member States through the CEPEJ members 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 will 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 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-MEDwill organise 4 meetings (subject to budgetary availability) .

In carrying out its terms of reference, the CEPEJ-GT-MED may seek the advice of external experts and have recourse to studies by consultants.

4.         Duration

These terms of reference expire on 31 December 2019.