Mediation Directive
Mediation Directive

The following Dispute Resolution guidance 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

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering settlement through mediation. For guidance, see: Cross border considerations—checklist—Settlement—Brexit specific and Cross border considerations—checklist—Brexit—impact on CPR.

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 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 Member States were required to enact national legislation to comply with the Directive before 21 May 2011. They were also required to communicate to the Commission the text of that legislation (art 12). For information on the implementation of the Mediation Directive, see Practice Note: Mediation Directiv