Protecting mediation evidence—witnesses and depositions
Protecting mediation evidence—witnesses and depositions

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

  • Protecting mediation evidence—witnesses and depositions
  • Scope of the protection for witness and deposition mediation evidence under CPR 78.27
  • When does CPR 78.27 apply to protect witness and deposition mediation evidence?
  • Applying to protect witness and deposition mediation evidence under CPR 78.27

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 (31 December 2020).

Brexit: The UK's departure from the EU has implications for practitioners in England and Wales considering mediation involving an EU Member State. For guidance, see Practice Notes: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Mediation and Brexit post implementation period—CPR changes including, in particular, main section: Part 78—European procedures.

This Practice Note deals with a party wishing to obtain cross-border mediation evidence from a mediator or mediation administrator. It sets out the scope of the protection afforded by CPR 78.27 and provides guidance on how to apply for various orders, including a witness summons, cross-examination with the court’s permission, evidence by deposition and enforcing attendance of the witness.

Scope of the protection for witness and deposition mediation evidence under CPR 78.27

CPR 78.27 sets out the procedure involved where a party wishes to obtain mediation evidence from a mediator or mediation administrator.

CPR 78.27 only applies to the mediation of cross-border disputes and there are exceptions to its application to certain types of dispute (revenue, customs, administrative matters and State liability), see Mediation Directive and CPR 78 Section III.

For the position regarding purely domestic mediations see

Popular documents