Cross-border mediation—enforcing mediation settlement agreements under the Mediation Directive (CPR 78.24)
Cross-border mediation—enforcing mediation settlement agreements under the Mediation Directive (CPR 78.24)

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

  • Cross-border mediation—enforcing mediation settlement agreements under the Mediation Directive (CPR 78.24)
  • 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 (ie 31 December 2020, 11 pm) such that the mediation is subject to the Mediation Directive 2008/52/EC. For further guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Mediation. Where those transitional requirements are met, provision has been made in UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 discussed throughout this Practice Note. For further guidance, see Practice Note: Brexit post implementation period—CPR changes.

Copies of the old provisions are available here:

This Practice Note addresses how to enforce a cross-border mediated settlement agreement under Mediation 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 (old rule 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

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