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

This Practice Note is only relevant in cross-border mediations with a UK element if one of the criteria, set out Article 69(1)((b) of the Withdrawal Agreement, for the application of transitional provisions for mediation was met prior to IP completion day (31 December 2020).

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). For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Mediation. CPR provisions are also affected. For guidance, see Brexit post implementation period—CPR changes

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

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