Transnational Commercial Mediation and European Human Rights Law

Despite several years of legislative efforts under the European Mediation Directive, the utilisation of transnational commercial mediation within the EU remains overwhelmingly low. To resolve this "European commercial mediation paradox," the author advocates for a shift toward "mitigated mandatory mediation". The research examines whether such a behaviourally informed mechanism is constitutionally acceptable. Specifically, it evaluates the proposal against the Right to a Fair Trial (Article 6 of the European Convention of Human Rights / Article 47 of the Charter of Fundamental Rights of the European Union) and the Right to Human Dignity (Article 1 of the Charter of Fundamental Rights of the European Union). This manuscript could be relevant for legal, policy and academic professionals.