Summary: 1. Introduction. – 2. International Standards. – 3 Role of Enforcement Agents in Debt Collection. – 4. Categories of Cases to Be Submitted to Participatory Enforcement. – 5. Application of Mediation by Enforcement Agents in Countries Where Enforcement Agents are not Officially Recognised as Mediators by National Law. – 6. Benefits of Participatory Enforcement. – 7. Conclusion.
Mediation in the context of the enforcement of judgments and other enforceable documents should be distinguished from the broader and more general question of whether or not enforcement agents may serve as mediators. In Europe, there are some jurisdictions where enforcement agents may indeed serve as mediators.
This does not necessarily mean that in these jurisdictions enforcement agents use mediation in ongoing enforcement procedures executed under their supervision (the latter is qualified as ‘post-judicial mediation’ or ‘participatory enforcement’). In actual fact, examples of post-judicial mediation are scarce or non-existent even though they are discussed in literature. As will be shown in the present contribution, ‘post-judicial mediation’ is often not conceived as mediation in the strict sense (i.e. the bringing about of an amicable settlement under the guidance of a neutral mediator), but as a series of activities aimed at providing efficient and effective enforcement services. It is often better to refer to ‘post-judicial mediation’ as ‘participator enforcement’ or ‘amicable enforcement’. Best practices in participatory enforcement are the central topic of the present contribution.
This does not necessarily mean that in these jurisdictions enforcement agents use mediation in ongoing enforcement procedures executed under their supervision (the latter is qualified as ‘post-judicial mediation’ or ‘participatory enforcement’). In actual fact, examples of post-judicial mediation are scarce or non-existent even though they are discussed in literature. As will be shown in the present contribution, ‘post-judicial mediation’ is often not conceived as mediation in the strict sense (i.e. the bringing about of an amicable settlement under the guidance of a neutral mediator), but as a series of activities aimed at providing efficient and effective enforcement services. It is often better to refer to ‘post-judicial mediation’ as ‘participator enforcement’ or ‘amicable enforcement’. Best practices in participatory enforcement are the central topic of the present contribution.