An EU Directive on mediation in civil and commercial matters was adopted on 23 April 2008 by the European Parliament. The Directive applies to European cross-border disputes and covers five broad areas: (1) promotion of mediator training and the development of and adherence to a voluntary code of conduct; (2) judicial encouragement of mediation; (3) enforceability of settlement agreements; (4) mediation confidentiality; and (5) the suspension of limitation periods during mediation.The Ministry of Justice does not intend to take any action in relation the first two areas, since mediation practice and procedure in England & Wales is already compliant with these requirements. Areas (3) to (5) have been implemented by way of amendments to the Civil Procedure Rules and preparation of secondary legislation. Changes to the Civil Procedure Rules to implement the enforceability of settlement agreements arising out of mediations came into effect on 6 April 2011. A new statutory instrument, the Cross-Border Mediation (EU Directive) Regulations 2011, implementing rules as to the confidentiality of mediation and the suspension of limitation during mediation came into force on 20 May 2011 (see here).
