Brexit—settlement
Brexit—settlement

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brexit—settlement
  • Current position
  • Position under EU(W)A 2018
  • No deal—no transition period
  • Transition period applies
  • After any transition period
  • Potential mediation methods

This Practice Note considers the impact that Brexit will have on determining the settlement of disputes using either mediation or other forms of Alternative Dispute Resolution (ADR) when the UK exits the EU. It considers the current position under EU directive for mediation is the Mediation Directive 2008/52/EC, the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133 transposed the directive into the law of England and Wales and relevant EU directive for ADR is the European Directive 2013/11/EU on ADR which amends Regulation (EC) 2006/2004 and Directive 2009/22/EC. ADR for Consumer Disputes (Competent Authorities) Regulations 2015, SI 2015/542 transposed the directive into the law of England and Wales. It then summarises the UK and EU’s respective positions, considers the likely potential outcomes which may arise when the UK exits the EU as well as potential regimes which may assist when seeking to mediate disputes and enforce settlement agreements.

For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to September 2018) at para [35] provides a useful flowchart.

Current position

There are different settlement mechanisms which can currently be used when seeking to settle disputes involving the UK and the EU:

  1. Mediation

    1. Mediation Directive 2008/52/EC provides for