SCHEDULES

SCHEDULE 9COMPENSATION PAYABLE UNDER THE ACT

Right to compensation

F14A

1

Sub-paragraph (2) applies where—

a

there is mediation in relation to a relevant cross border dispute giving rise to a claim for compensation; and

b

the period of 6 years referred to in paragraph 4(1) (“the limitation period”) would, apart from this paragraph, expire—

i

in the period of 8 weeks after the date on which the mediation ends;

ii

on the date on which the mediation ends; or

iii

after the date on which all of the parties to the dispute agree to participate in the mediation but before the date on which the mediation ends.

2

Where this sub-paragraph applies, the limitation period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.

3

For the purposes of sub-paragraph (1) and (2), a mediation in relation to a relevant cross-border dispute ends on the date of the first of these to occur—

a

all of the parties reach an agreement in resolution of the dispute;

b

all of the parties agree to end the mediation;

c

a party notifies all of the other parties of that party's withdrawal;

d

a period of 14 days expires after a request made by one party to another party for confirmation of whether the other party has withdrawn and the other party does not respond in that period; or

e

a period of 14 days expires after the date on which the mediator's tenure ends (by reason of death, resignation or otherwise) and a replacement mediator has not been appointed in that period.

4

In this paragraph—

  • “the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;

  • “mediation” and “mediator” have the meanings given by Article 3 of the Directive; and

  • “relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive.