Mediation Directive and CPR 78 Section III
Mediation Directive and CPR 78 Section III

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

  • Mediation Directive and CPR 78 Section III
  • Scope of the Mediation Directive
  • Implementation
  • The Mediation Directive and the CPR
  • Non-cross-border mediations

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.

For further guidance, see Practice Notes: Brexit—settlement [Archived] and No deal Brexit—mediation.

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, most notably on CPR 78 and CPR 31-34. It sets out some key definitions and provides guidance on the court’s attitude to the directive vis-à-vis domestic mediations.

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 sensible interplay between mediation and the process of judicial proceedings is achieved.

The Mediation Directive's objectives are set out in 12 articles, of which the following are considered by the UK government to be key:

  1. Article 6: the enforceability of mediation settlement agreements

  2. Article 7: the confidentiality of the mediation. Note: this is limited, in that it does not attempt to protect all aspects of confidentiality. It only:

    1. avoids compelling the mediator to give evidence in

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