Mediation in cross-border succession matters: issues of approval, recognition and enforcement of settlement agreements

Abstract

This article examines the significance of mediation in cross-border succession matters, focusing on the legal nature, legal effects, and enforceability of settlement agreements concluded through mediation within the framework of European Union law. Cross-border succession relationships are governed by Regulation (EU) No 650/2012; however, the diversity of jurisdictions and the complexity of applicable law contribute to the emergence of cross-border disputes, increasing the practical importance of alternative dispute resolution mechanisms, particularly mediation. The article analyses the use of mediation in succession proceedings under Regulation (EU) No 650/2012 and assesses how amicable outcomes achieved through mediation and formalised in settlement agreements are integrated into the resolution of succession cases, including issues related to the approval, recognition, and enforcement of such agreements in a cross-border context. Particular attention is devoted to the role of notaries, both as mediators and as potential guarantors of the legal certainty and validity of settlement agreements in cross-border succession matters. Drawing on legal doctrine and the case law of the Court of Justice of the European Union, the article identifies the main legal challenges associated with formalising mediation outcomes and with the recognition and enforceability of settlement agreements in other Member States of the European Union in cross-border succession cases.