Proposed Negative
Date published: 16 November 2018
Sift end date: 03 December 2018
The Mediation Directive seeks to harmonise certain aspects of mediation in relation to EU cross-border disputes, with the aim of promoting its use in those EU cross-border disputes. A cross-border dispute can be a dispute between people who are domiciled or habitually resident in two or more different Member States (for example, contract, debt, contact with children) or it can be a dispute where the judicial proceedings or arbitration following mediation between the parties are started in a Member State other than one where the parties are domiciled or habitually resident. For the purposes of the Mediation Directive, Denmark is not included in the term “Member State”.
Once the United Kingdom leaves the EU, all future cross - border mediations will be subject to the same rules: there will be no dedicated reciprocal regime for mediations arising in respect of cross-border disputes between parties in the UK and those in EU Member States. However, the Mediation EU Exit Regulations make saving and transitional provision to ensure that the relevant domestic legislation will continue to apply to EU cross-border mediations that started before EU Exit.
Amongst other things, this instrument addresses deficiencies in legislation applying to matters including court procedure, land registration, equality, prescription, family law and limitation which are transferred matters for Northern Ireland under the Northern Ireland Act 1998.
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