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The Easy Opt-Out and EU Mediation Policy: Fixing the Voluntariness Paradox
This episode examines the EU mediation paradox and the emerging policy case for the “Easy Opt-Out” model—an approach that requires an initial mediation session while fully preserving party autonomy. Drawing on EU Commission research, comparative Member State experiences, and court-connected mediation reforms, we explore how light-touch mandates can align with the EU Mediation Directive rather than undermine it.
We unpack how structural nudges—such as automatic referrals, first-meeting requirements, and presumptive ADR—can normalize mediation as a default pathway, reduce litigation costs and…
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