The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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 Mediation Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters aims to (art 1):
facilitate access to alternative dispute resolution
promote the amicable settlement of disputes by encouraging the use of mediation and ensuring a balanced relationship between mediation and judicial proceedings
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.