The scope of the Mediation Directive limited by cross-border disputes in civil and commercial matters. However, mediation instructions say that no one should stop MS from the implementation of the internal mediation process. Therefore, taking the above mentioned into consideration, the following conclusion could be drawn: the provisions of the Mediation Directive are could be applicable and can be applied for both cross-border and internal disputes and respective mediation processes.
That mediation directive will be without partiality to national legislation, making utilization of mediation mandatory alternately subject on incentives alternately authorizes given that such national regulation does no more stop the parties starting with working out their right from claiming approach of the legal framework. Furthermore, it includes provisions on the enforceability of contract agreement, confidentiality of the mediation, the influence of the mediation on limitation period. The transposition period for MS to bring their laws, regulations and administrative provisions in compliance with the Mediation Directive specified by the period of time before 21 May 2011. As a result of the implementation of the Mediation Directive, the Commission will, no later than 21 May 2016, prepare and submit to the European Parliament, the Council and respective Committees, a report on the application and impact of the Mediation Directive in MS.
After amendments introduced by the Treaty of Lisbon to TFEU, TFEU contains the obligation of the European Parliament and the Council to adopt measures necessary for the proper functioning of the internal market which aimed at ensuring the development of alternative methods of dispute settlement. In other words, the obligation in question now vested on the treaty level that confirms the great significance that the EU attaches to the development of the ADR.