Cross-border mediation—Mediation Directive and CPR 78 Section III
Cross-border mediation—Mediation Directive and CPR 78 Section III

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

  • Cross-border mediation—Mediation Directive and CPR 78 Section III
  • Impact of Brexit
  • Scope of the Mediation Directive
  • Implementation
  • The Mediation Directive and the CPR
  • Non-cross-border mediations

Cross-border mediation—Mediation Directive and CPR 78 Section III

This Practice Note sets out the scope and key objectives of the Mediation Directive 2008/52/EC. It also addresses its implementation and its effect on the CPR. It sets out some key definitions and provides guidance on the court’s attitude to the directive vis-à-vis domestic mediations.

Impact of Brexit

The Mediation Directive was implemented into the laws of England and Wales under the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133. These regulations were revoked on IP completion day (31 December 2020 at 11 pm), subject to transitional provisions. 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, separate 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UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 discussed in this Practice Note. For further guidance, see Practice Note: Brexit post implementation period—CPR changes.

Scope of the Mediation Directive

The Mediation Directive 2008/52/EC prescribes certain principles regarding the mediation of cross-border disputes in civil and commercial matters. Its aim is to facilitate and promote the settlement of disputes via mediation. In so doing, there is a recognition of the need to try and ensure that a

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