No deal Brexit—mediation
No deal Brexit—mediation

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

  • No deal Brexit—mediation
  • Mediation in an EU Member State
  • Mediation in England and Wales
  • Example scenarios

This Practice Note covers the situation where the UK and the EU do not reach any agreement regarding settlement processes following the UK leaving the EU. During the implementation period that starts on exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance, on the implementation period and the impact of the withdrawal agreement on taking of evidence, see Practice Note: Brexit implementation period—settlement.

This Practice Note considers the effect of the UK leaving the EU without a deal when dealing with the mediation of disputes in civil and commercial matters. There are two key UK regulations dealing with no deal Brexit and mediation. The first is The Cross–Border Mediation (EU Directive) (EU Exit) Regulations 2019, SI 2019/469 which contains regulations for the revocation and saving of the Cross Border Mediation (EU Directive) Regulations, SI 2011/1133, the legislation which brought the Directive 2008/52/EC, the Mediation Directive into UK law as required under Article 12 of Directive 2008/52/EC, the Mediation Directive. The need to repeal the UK legislation is required because EU directives, unlike EU regulations, are not self executing and require national implementation measures. To ensure that the directive is no longer applicable in the UK the implementing legislation has to be repealed. The second is The Civil Procedure Rules 1998 (Amendment) (EU