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The Cross-Border Mediation (EU Directive) Regulations 2011

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made as part of the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (the Mediation Directive).

Part 1 of these Regulations (regulations 1 to 8) contain general provisions about citation, commencement, application and extent of these Regulations, as well as provisions on interpretation.

Part 2 of these Regulations (regulations 9 and 10) contains regulations about the provision by mediators and those involved in the administration of the mediation process of evidence arising out of mediation of cross-border disputes that are within the scope of the Mediation Directive. This Part has been included in relation to the implementation of article 7 of the Mediation Directive (Confidentiality of mediation).

Part 3 (regulations 11 to 58) and Part 4 (regulations 59 to 73) contain amendments to primary and secondary legislation respectively, in relation to time limits that expire while mediation is ongoing of cross-border disputes that are within the scope of the Mediation Directive. These Parts have been included in relation to the implementation of article 8 of the Mediation Directive (Effect of mediation on limitation and prescription periods).

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