Exclusion of time because of mediation in certain cross-border disputes8A

1

In this section—

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;

b

“mediation” has the meaning given by article 3(a) of the Mediation Directive;

c

“mediator” has the meaning given by article 3(b) of the Mediation Directive;

d

“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

2

Where a period is prescribed by this Act in relation to the subject of the whole or part of a relevant dispute, any time after the start of a mediation in relation to the relevant dispute is to be excluded in the computation of that period, but only if—

a

the time when the period must end by virtue of section 4 falls before the mediation ends or less than eight weeks after it ends, or

b

a further mediation in relation to the relevant dispute starts less than eight weeks after the previous mediation ends, and the time when the period must end by virtue of section 4 falls before the further mediation ends or less than eight weeks after it ends.

3

Any time excluded under subsection (2) is also to be excluded in the computation of the second period of three years mentioned in section 8 (period within which claim is resisted).

4

For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

5

For the purposes of this section, a mediation ends on the date of the first of these to occur—

a

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

b

a party completes the notification of the other parties that it has withdrawn from the mediation;

c

a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;

d

the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator;

e

the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

6

For the purpose of subsection (5), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

7

In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.