Cross-border mediation—protecting mediation evidence under CPR 78.26 (disclosure and inspection)
Cross-border mediation—protecting mediation evidence under CPR 78.26 (disclosure and inspection)

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

  • Cross-border mediation—protecting mediation evidence under CPR 78.26 (disclosure and inspection)
  • Scope of the protection against disclosure and inspection of mediation evidence under CPR 78.26
  • Applying to protect mediation evidence from disclosure or inspection under CPR 78.26
  • Making the application
  • Serving the application
  • Evidence in support of the application
  • The effect of the protection from disclosure and inspection under CPR 78.26
  • Practical tips for protecting mediation evidence under CPR 78.26

This Practice Note is for use in mediations where the transitional criteria in Article 69 of the Withdrawal Agreement between the UK and the EU were met on or before IP completion day (ie 31 December 2020, 11 pm) such that the mediation is subject to the Mediation Directive 2008/52/EC. 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, 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UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 discussed throughout this Practice Note. For further guidance, see Practice Note: Brexit post implementation period—CPR changes.

Copies of the old provisions are available here:

This Practice Note sets out how, in the context of mediations subject to the Mediation Directive 2008/52/EC, to apply for disclosure or inspection of mediation evidence under the control of the mediator or mediation administrator under old rule 78.26. It covers the evidence in support and how to serve the application. It also addresses the effect that old rule 78.26 has on other CPR provisions, including Part 31 and offers some practical tips in different scenarios.

Scope of the protection against disclosure and inspection of mediation evidence under CPR 78.26

Old

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