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Mediation

How to

Request ELA's support for mediation

Any Member State interested in referring disputes to the Authority for mediation can request it by contacting the ELA's mediation secretariat. National SOLVIT centres may also refer cases to the Authority for its consideration when the problem cannot be solved due to differences between national administrations.  

More on the ELA mediation procedure

Stages of the ELA Mediation Procedure

The mediation procedure consists of two stages:

  • the first stage of mediation is conducted between the Member States and a mediator, who will help them reconcile their divergent views;
  • if a non-binding opinion cannot be adopted at the first stage, a second stage of mediation may be launched before ELA’s Mediation Board, composed of experts from Member States.

The mediators and experts of the mediation board are appointed from the Member States by the Management Board, based on their knowledge and skills in the field of dispute resolution, including mediation, and of the different areas within the scope of mediation. 

Once the Member States have agreed on a solution to their dispute, they should undertake measures to implement the solution within three months. They should also report to ELA the measures taken to follow up on the opinion.

ELA mediation procedure - leaflet [available in all EU languages]


See also: 2021/17 Management Board Decision - Rules of Procedure for mediation [EN] 

  • Confidentiality: All actors of the mediation procedure (mediators, experts of the Mediation board, experts in advisory capacity and ELA) are bound to strict confidentiality in respect of the data, documents, findings, discussions and results related to the mediation procedure.
  • Flexibility: Mediation is a flexible process that can be adapted to the specific needs of each dispute. The involvement of the mediator and of ELA can vary based on the needs and will of the parties.
  • Voluntary process: The success of mediation depends on the good will of all the parties involved, and their commitment to working together in order to reconcile their opinion differences. No party can be forced into mediation or agreeing to a specific outcome.
  • No costs for the involved parties: The mediation procedure is a free service offered by ELA to the Member States.
  • Logistical and translation support: ELA can support mediation by providing secretarial and logistical support such as interpretation, translation, the provision of its premises for meetings. It can also provide support via the expertise of its staff on labour mobility issues.
  • Fast and effective procedure: Mediation at ELA provides clear deadlines to guarantee a fast and effective process in a defined timeframe.

Guidelines and workflows

ELA has developed clear guidelines and workflows for the mediation process. These resources are tailored for Member States, Mediators, and the Mediation Board, aiming to address any practical queries they may have. They provide structured and accessible information on the mediation procedure, specifically designed for those directly involved.

General Guidelines and Workflows for the mediation procedure

English (2.86 MB - PDF)
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Guidance for the Member States on the ELA mediation procedure [EN]

English (381.27 KB - PDF)
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Guidance for the Member States on the ELA mediation procedure [BG]

български (436.3 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [ES]

español (272 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [CS]

čeština (381.27 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [DA]

dansk (294.87 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [DE]

Deutsch (333.49 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [ET]

eesti (397.78 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [EL]

ελληνικά (402.77 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [FR]

français (403.4 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [GA]

Gaeilge (410.54 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [HR]

hrvatski (417.92 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [IT]

italiano (357.15 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [LV]

latviešu (420.48 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [LT]

lietuvių (393.16 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [HU]

magyar (434.49 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [MT]

Malti (424.64 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [NL]

Nederlands (350.56 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [PL]

polski (412.63 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [PT]

português (227.89 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [RO]

română (431.41 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [SK]

slovenčina (430.05 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [SL]

slovenščina (414.81 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [FI]

suomi (275.57 KB - PDF)

Guidance for the Member States on the ELA mediation procedure [SV]

svenska (267.71 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [EN]

English (626.11 KB - PDF)
View

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [BG]

български (556.74 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [ES]

español (479.3 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [CS]

čeština (559.07 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [DA]

dansk (407.63 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [DE]

Deutsch (555.51 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [ET]

eesti (484.44 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [EL]

ελληνικά (594.44 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [FR]

français (554.42 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [GA]

Gaeilge (542.78 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [HR]

hrvatski (531.25 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [IT]

italiano (564.61 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [LV]

latviešu (560.01 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [LT]

lietuvių (571.03 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [HU]

magyar (593.49 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [MT]

Malti (591.78 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [NL]

Nederlands (466.18 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [PL]

polski (555.04 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [PT]

português (468.12 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [RO]

română (548 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [SK]

slovenčina (576.31 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [SL]

slovenščina (561.05 KB - PDF)

Guidance for the Mediators and the Mediation Board on the ELA mediation procedure [FI]

suomi (517.96 KB - PDF)

Cooperation with the Administrative Commission

The Administrative Commission for the coordination of social security systems (AC) is a body attached to European Commission which is responsible for dealing with administrative matters, questions of interpretation arising from the provisions of regulations on social security coordination, and for promoting and developing collaboration between EU countries. It comprises a representative of the government of each of the Member States and a representative of the Commission.

Both ELA and the AC have competences related to the coordination of social security. To ensure a fruitful cooperation between the two entities, a Cooperation Agreement between the Administrative Commission and ELA entered into force on 1 June 2022. 

The Agreement provides for horizontal cooperation between the two bodies and sets out the procedural rules to be followed in ELA’s mediation procedure when disputes submitted for mediation concern social security issues. 

In applying this Cooperation Agreement, the ELA and the AC commit to the principles of sincere cooperation, mutual trust and in ensuring effective communication. 

Cooperation Agreement between AC and ELA [EN]

English (379.81 KB - PDF)
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Cooperation Agreement between AC and ELA [BG]

български (217.07 KB - PDF)

Cooperation Agreement between AC and ELA [ES]

español (194.91 KB - PDF)

Cooperation Agreement between AC and ELA [CS]

čeština (192.12 KB - PDF)

Cooperation Agreement between AC and ELA [DA]

dansk (142.95 KB - PDF)

Cooperation Agreement between AC and ELA [DE]

Deutsch (148.2 KB - PDF)

Cooperation Agreement between AC and ELA [ET]

eesti (138.22 KB - PDF)

Cooperation Agreement between AC and ELA [EL]

ελληνικά (185.67 KB - PDF)

Cooperation Agreement between AC and ELA [FR]

français (256.38 KB - PDF)

Cooperation Agreement between AC and ELA [GA]

Gaeilge (176.83 KB - PDF)

Cooperation Agreement between AC and ELA [HR]

hrvatski (181.49 KB - PDF)

Cooperation Agreement between AC and ELA [IT]

italiano (186.94 KB - PDF)

Cooperation Agreement between AC and ELA [LV]

latviešu (197.79 KB - PDF)

Cooperation Agreement between AC and ELA [LT]

lietuvių (183.44 KB - PDF)

Cooperation Agreement between AC and ELA [HU]

magyar (187.35 KB - PDF)

Cooperation Agreement between AC and ELA [MT]

Malti (248.28 KB - PDF)

Cooperation Agreement between AC and ELA [NL]

Nederlands (195.5 KB - PDF)

Cooperation Agreement between AC and ELA [PL]

polski (191.52 KB - PDF)

Cooperation Agreement between AC and ELA [PT]

português (144.57 KB - PDF)

Cooperation Agreement between AC and ELA [RO]

română (228.25 KB - PDF)

Cooperation Agreement between AC and ELA [SK]

slovenčina (191.25 KB - PDF)

Cooperation Agreement between AC and ELA [SL]

slovenščina (180.02 KB - PDF)

Cooperation Agreement between AC and ELA [FI]

suomi (174.35 KB - PDF)

Cooperation Agreement between AC and ELA [SV]

svenska (190.46 KB - PDF)

Workflow Guidance for the interaction between ELA and the Administrative Commission

English (651.05 KB - PDF)
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Cooperation with SOLVIT

The SOLVIT network plays a significant role in ELA mediation procedure as national SOLVIT centres can refer cases to the Authority for its consideration. This concerns cases where the problem cannot be solved due to differences between national administrations. 

SOLVIT is a service provided by the national administration in each EU country. It helps citizens and businesses when their rights derived from EU law are breached by the public authorities in another EU country. 

To ensure the successful involvement of the SOLVIT network in ELA mediation procedure, a Cooperation Agreement between ELA and SOLVIT entered into force on 20 January 2022. It sets out the procedural steps for SOLVIT centres to refer a case to ELA for mediation.

Cooperation Agreement between ELA and SOLVIT [EN]

English (576.95 KB - PDF)
View

Cooperation Agreement between ELA and SOLVIT [BG]

български (266.25 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [ES]

español (173.52 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [CS]

čeština (297.1 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [DA]

dansk (194.39 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [DA]

Deutsch (194.39 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [ET]

eesti (233.33 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [EL]

ελληνικά (260.19 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [FR]

français (240.61 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [GA]

Gaeilge (264.77 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [HR]

hrvatski (252.01 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [IT]

italiano (258.94 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [LV]

latviešu (309.24 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [LT]

lietuvių (268.26 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [HU]

magyar (282.28 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [MT]

Malti (272.84 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [NL]

Nederlands (200.03 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [PL]

polski (275.46 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [PT]

português (164.27 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [RO]

română (230.75 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [SK]

slovenčina (260.39 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [SL]

slovenščina (285.4 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [FI]

suomi (214.14 KB - PDF)

Cooperation Agreement between ELA and SOLVIT [SV]

svenska (192.39 KB - PDF)