The Cross-Border Mediation (EU Directive) Regulations 2011

JurisdictionUK Non-devolved
CitationSI 2011/1133

2011 No. 1133

Mediation

The Cross-Border Mediation (EU Directive) Regulations 2011

Made 18th April 2011

Laid before Parliament 27th April 2011

Coming into force 20th May 2011

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to mediation1.

Accordingly, the Secretary of State makes the following Regulations in exercise of the powers conferred by that section.

1 General

PART 1

General

Citation, commencement, application and extent

Citation, commencement, application and extent

S-1 These Regulations may be cited as the Cross-Border Mediation...

1. These Regulations may be cited as the Cross-Border Mediation (EU Directive) Regulations 2011.

S-2 Subject to regulations 3 and 4, these Regulations come into...

2. Subject to regulations 3 and 4, these Regulations come into force on 20 May 2011.

S-3 These Regulations apply only where a mediation in relation to a...

3. These Regulations apply only where a mediation in relation to a relevant dispute starts on or after 20 May 2011.

S-4 For the purposes of regulation 3, a mediation starts— except in...

4. For the purposes of regulation 3, a mediation starts—

(a) except in relation to regulations 16 to 18, on the date of the agreement to mediate that is entered into by the parties and the mediator; and

(b) in relation to regulations 16 to 18, on the date mentioned in article 1(3) of the Cross-Border Mediation (Scotland) Regulations 20112.

S-5 Part 1 of these Regulations, including this regulation, extends...

5. Part 1 of these Regulations, including this regulation, extends to the whole of the United Kingdom.

S-6 Part 2 of these Regulations (Mediation Evidence) extends to...

6. Part 2 of these Regulations (Mediation Evidence) extends to England and Wales.

S-7 The remaining Parts of these Regulations have the same extent...

7. The remaining Parts of these Regulations have the same extent as the provisions that they amend.

Interpretation
S-8 Interpretation

Interpretation

8. In these Regulations—

(a) “Mediation Directive” means Directive 2008/52/ECof the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters3;

(b) “cross-border dispute” has the meaning given by article 2 of the Mediation Directive;

(c) “mediation” has the meaning given by article 3(a) of the Mediation Directive;

(d) “mediation administrator” means a person involved in the administration of the mediation process;

(e) “mediation evidence” means evidence arising out of or in connection with a mediation process;

(f) “mediation settlement” means the content of a mediation settlement agreement;

(g) “mediation settlement agreement” means a written agreement resulting from mediation of a relevant dispute;

(h) “mediator” has the meaning given by article 3(b) of the Mediation Directive; and

(i) “relevant dispute” means a cross-border dispute that is subject to the Mediation Directive.

2 Mediation Evidence

PART 2

Mediation Evidence

Mediation Evidence

Mediation Evidence

S-9 Subject to regulation 10, a mediator or a mediation...

9. Subject to regulation 10, a mediator or a mediation administrator has the right to withhold mediation evidence in civil and commercial judicial proceedings and arbitration.

S-10 A court may order that a mediator or a mediation administrator...

10. A court may order that a mediator or a mediation administrator must give or disclose mediation evidence where—

(a) all parties to the mediation agree to the giving or disclosure of the mediation evidence;

(b) the giving or disclosure of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or

(c) the mediation evidence relates to the mediation settlement, and the giving or disclosure of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.

3 Extension of Time Limits in View of Mediation in Certain Cross-border Disputes - Amendments to Primary Legislation

PART 3

Extension of Time Limits in View of Mediation in Certain Cross-border Disputes - Amendments to Primary Legislation

Amendments to the Prescription Act 1832

Amendments to the Prescription Act 1832

S-11 The Prescription Act 1832 is amended as follows.

The Prescription Act 1832 is amended as follows.

11. The Prescription Act 18324is amended as follows.

S-12 After section 8, insert— 8A Exclusion of time because of...

12. After section 8, insert—

S-8A

Exclusion of time because of mediation in certain cross-border disputes

8A.—(1) In this section—

(a)

(a) “Mediation Directive” means Directive 2008/52/ECof the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;

(b)

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive;

(c)

(c) “mediator” has the meaning given by article 3(b) of the Mediation Directive;

(d)

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Where a period is prescribed by this Act in relation to the subject of the whole or part of a relevant dispute, any time after the start of a mediation in relation to the relevant dispute is to be excluded in the computation of that period, but only if—

(a)

(a) the time when the period must end by virtue of section 4 falls before the mediation ends or less than eight weeks after it ends, or

(b)

(b) a further mediation in relation to the relevant dispute starts less than eight weeks after the previous mediation ends, and the time when the period must end by virtue of section 4 falls before the further mediation ends or less than eight weeks after it ends.

(3) Any time excluded under subsection (2) is also to be excluded in the computation of the second period of three years mentioned in section 8 (period within which claim is resisted).

(4) For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(5) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a)

(a) the parties reach an agreement in resolution of the relevant dispute;

(b)

(b) a party completes the notification of the other parties that it has withdrawn from the mediation;

(c)

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;

(d)

(d) the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator;

(e)

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(6) For the purpose of subsection (5), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(7) In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.”

Amendments to the Equal Pay Act 1970

Amendments to the Equal Pay Act 1970

S-13 The Equal Pay Act 1970 is amended as follows. The amendments...

13.—(1) The Equal Pay Act 19705is amended as follows.

(2) The amendments have effect until section 2ZA6of that Act (which is repealed by the Equality Act 20107) ceases to have effect for all purposes.

S-14 In section 2ZA(qualifying date under section 2(4)) after...

14. In section 2ZA(qualifying date under section 2(4)) after subsection (7) insert—

S-8

“8 Subsections (3) to (7) are subject to section 2ZAA.”.

S-15 After section 2ZA, insert— 2ZAA Extension of time limits...

15. After section 2ZA, insert—

S-2ZAA

Extension of time limits because of mediation in certain cross-border disputes

2ZAA.—(1) In this section—

(a)

(a) “Mediation Directive” means Directive 2008/52/ECof the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b)

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(c)

(c) “mediator” has the meaning given by article 3(b) of the Mediation Directive, and

(d)

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a)

(a) in relation to the whole or part of a relevant dispute, the qualifying date for instituting proceedings is determined in accordance with section 2ZA,

(b)

(b) a mediation in relation to the relevant dispute starts on or before the qualifying date, and

(c)

(c) if not extended by this section, the qualifying date would fall before the mediation ends or before the last day of the period of eight weeks after it ends.

(3) The qualifying date is instead the last day of that period (subject to paragraph (4)).

(4) If a qualifying date has been extended by this section, subsections (2) and (3) apply to the extended qualifying date as they apply to a qualifying date mentioned in subsection (2)(a).

(5) For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(6) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a)

(a) the parties reach an agreement in resolution of the relevant dispute,

(b)

(b) a party completes the notification of the other parties that it has withdrawn from the mediation,

(c)

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(d)

(d) the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,

(e)

(e) the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT