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PART 1General

Citation, commencement, application and extent

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

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

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

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 2011(1).

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

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

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

Interpretation

8.  In these Regulations—

(a)“Mediation Directive” means 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(2);

(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)

O.J. L 136, 24.05.2008, p.3.