Mediation Directive
Mediation Directive

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

  • Mediation Directive
  • The aim of the Mediation Directive
  • Implementation of the Mediation Directive
  • Application and definitions of the Mediation Directive
  • The mediation process under the Mediation Directive
  • Recourse to quality mediation
  • Confidentiality of mediation
  • Effect of mediation on limitation and prescription periods
  • Enforceability of agreements resulting from mediation

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.

This Practice Note covers the Mediation Directive 2008/52/EC and addresses the directive’s application and definitions. It covers the mediation process under the directive, including recourse to quality mediation, the European Code of Conduct for Mediators, confidentiality, limitation and prescription periods and enforceability of settlement agreements resulting from mediation. The Directive was implemented into the laws of England and Wales through the The Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133. The regulations are revoked on IP completion day (31 December 2020 at 11 pm), subject to savings provisions. For guidance on the savings provisions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Mediation

The Mediation Directive 2008/52/EC is referred to as the Directive and the European Commission is referred to as the Commission.

The aim of the Mediation Directive

The Mediation Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters aims to (art 1):

  1. facilitate access to alternative dispute resolution

  2. promote the amicable settlement of disputes by encouraging the use of mediation and ensuring a balanced relationship between mediation and judicial proceedings

Implementation of the Mediation Directive

EU

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