On the European day of Civil Justice the Master of the Rolls calls for greater focus on European dispute resolution

The Master of the Rolls, Sir Anthony Clarke, speaking at the Law Society’s EU Civil Justice Day Conference, welcomes the development of European civil justice and calls for a focus on Alternative Dispute Resolution, as a quicker cheaper and more efficient way to resolve conflict before cases get to court hearing stage.

The Master of the Rolls said: "With the establishment of the European small claims procedure and the European payment order it is to my mind time for us all to focus more clearly on alternative dispute resolution."

Using the EU's draft Directive on Mediation in Civil and Commercial Matters as a focus the Master of the Rolls will call for a Europe wide debate on mediation, to ensure that the EU and its member states provide proper provision to mediate in cross-border disputes.

Sir Anthony said: "I hope today marks, both here and throughout Europe, a time when we can all turn our minds to how best we can improve our civil justice systems so that they can provide a first class service to our citizens. A service that helps them, where possible, "settle their private conflicts" amicably and effectively assert their rights, where necessary."

Two important pieces of civil legislation have already been agreed and are waiting to come into force.

• The European small claims procedure, which was approved earlier this year, will come into force on 1st January 2009. This will create a simple, cost-effective and efficient procedure for European small business to bring cross-board civil and commercial claims with a value of less than 2000 Euros.
• The European payment order will come into force on the 12 December 2008 will promotes the effective enforcement of rights which will apply across Europe to uncontested money claims.

The Master of the Rolls said: "In circumstances where the consumer is faced with the choice of litigation or abandoning his complaint, an effective civil justice system must provide the means whereby the consumer can vindicate his or her rights."

Note for Editors

1. The Master of the Rolls, Sir Anthony Clarke, is giving his speech, "The UK perspective on EU Civil Justice – Impact on Domestic Dispute Resolution" at the Law Society’s EU Civil Justice Day Conference 2007.
2. If you would like a copy of the speech, please contact Darren Horsman, at the Judicial Communications Office, on 0207 947 6490, or email the press office

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