Enforcing cross-border mediation settlement agreements
Enforcing cross-border mediation settlement agreements

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

  • Enforcing cross-border mediation settlement agreements
  • MSE Orders—explicit consent
  • MSE Orders—application
  • Serving the application/claim form
  • MSE Orders—foreign currency
  • MSE Orders—Public access to court documents

This Practice Note is for use in mediations where the transitional criteria in Article 69 of the Withdrawal Agreement between the UK and the EU were met on or before IP completion day (31 December 2020).

Brexit: The UK's departure from the EU has implications for practitioners in England and Wales considering mediation involving an EU Member State. For guidance, see Practice Notes: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Mediation and Brexit post implementation period—CPR changes including, in particular, main section: Part 78—European procedures.

This Practice Note addresses how to enforce a cross-border mediated settlement agreement under Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters (the Mediation Directive). It considers enforcement under the Mediation Directive using a Mediation Settlement Enforcement Order (MSE Order) and considers how to make an application to the UK court for an MSE Order (CPR 78.24) as well as public access to court documents and what to do if the MSE Order is expressed in a foreign currency.

MSE Orders—explicit consent

Underlying the process of seeking a MSE Order is the requirement for all parties to the mediation to have given their explicit consent to the application being made (CPR 78.24(1)). The court will not make an order unless the court has evide

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