Q&As

Can a mediation agreement, containing a clause for property to be sold in Spain, be enforced in England and Wales? The mediation agreement does not contain a provision about jurisdiction.

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Published on LexisPSL on 21/09/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can a mediation agreement, containing a clause for property to be sold in Spain, be enforced in England and Wales? The mediation agreement does not contain a provision about jurisdiction.
  • Distinction between cross-border and non-cross border mediations
  • Enforcing a cross-border mediation agreement

Distinction between cross-border and non-cross border mediations

In answering this question we have assumed you are referring to a European cross-border mediation. A cross-border dispute is defined by Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (The Mediation Directive) in Article 2 as one in which at least one of the parties is domiciled or habitually resident in a Member State other than that of any other party on the date of which the parties agreed to use mediation.

Article 3 of the Mediation Directive defines mediation:

‘”Mediation” means a structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator. This process may be initiated by the parties or suggested or orde

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