The UK Government has published legislation to effectively
revoke the implementation of the EU Mediation Directive
(2008/52/EC) after Brexit.
The Cross-Border Mediation (EU Directive) (EU Exit)
Regulations 2019 (the Regulations) were
made on 1 March 2019 and will come into effect on exit day,
whenever that occurs.
Why?
The development is part of a wider policy decision by the
Government to revoke/repeal UK domestic legislation that
implemented EU law in instances where that law is based on
reciprocity between EU Member States.
Also, in respect of the Mediation Directive specifically, the
Government believes that the distinction and preferential treatment
of parties involved in EU cross-border mediations (as distinct from
domestic or other cross-border mediations) will no longer be
justified once the UK leaves the EU.
