1.- THE LEGAL PROFESSION PRESENT IN THE MEDIATION.
The FBE considers that Mediation is already at present and will be even more in the future, one of the relevant areas of activity for the legal profession in Europe.The European Directives follow that path.
The FBE recommends to all its members that they evaluate the actual importance of mediation in their countries and that, in view of the future, they make the necessary provisions to give lawyers a pre-eminent role in mediation, given the fact that other operators already act in the area of mediaton.
2.- THE INSTITUTIONS HAVE TO UNDERSTAND THAT THE LEGAL PROFESSION MUST BE PRESENT IN MEDIATIONS WITH LEGAL EFFECTS AND CONSEQUENCES
In this sense, FBE proposes that, in those areas in which mediation can have legal effects or consequences for the parties, the participation of a lawyer should be compulsory, without prejudice to the participation of other professionals.
This should be embodied in future laws and Directives.
The FBE assumes that this is a way to protect the guarantees of the citizens that choose mediation for the extrajudicial resolution of conflicts, since the role of the legal profession in general and the European one in particular as guarantor of the rights cannot be questioned.
3.- TRAINING IN MEDIATION SHOULD BE A PRIORITY
It is evident that mediation is a new technique among the ways of alternative resolution of conflicts, different from those that we have known, and, therefore, it is necessary to establish effective systems of training in mediation.
If training of lawyers is important, and we all agreed this is a priority of the institutions of the legal profession, we should create effective mechanisms to ensure that training in mediation in Europe satisfies at least basic common requirements.
In this context, while specific regulation does not yet exist, the FBE should fix those basic common requirements, so that they serve as a reference point for the different Bars of the Federation.
4.- IN ORDER TO ACHIEVE IT, IT WOULD BE ADVISABLE TO CREATE A NET THROUGH STAGE SO THAT ALL THE MEMBERS CAN PARTICIPATE ACTIVELY
As a consequence, STAGE can channel this proposal, becoming a reference to know everything regarding mediation and the basic common requirements.
The FBE proposes this net to become an effective meeting place, for which the appropriate means should be endowed, even by means of the inclusion of a specific section in the website of the FBE.
This net will let us know the different existing regulations on mediation, and those proposed, in order to try, as far as possible, to ensure the closest convergence between the regulations of each country, at least in the basic common requirements for those involved in mediation.
The FBE proposes that its Member Bars reflect on the Deontology of the Mediator.
5.- THE FBE PROPOSES TO SUBMIT THIS RESOLUTION TO ALL THE EUROPEAN INSTITUTIONS.
The FBE will submit these conclusions to all the institutions involved, so that they know the common position of the European legal profession which it represents.
The FBE will also request the member states of the Council of Europe, the European Union and the European Commission to provide necessary funding to promote mediation and the intervention of lawyers in such proceedings.
