The Cross-Border Mediation (EU Directive) Regulations 2011

Amendments to the Land Registration Act 2002

53.  After paragraph 15, insert—

“Extension of time limits because of mediation in certain cross-border disputes

16.— (1) In this paragraph—

(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, and

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

(2) Sub-paragraph (3) applies where—

(a) a period of time is prescribed by paragraph 1(1), 1(2)(a) or 6(1) in relation to the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the period expires, and

(c) if not extended by this paragraph, the period would expire before the mediation ends or less than eight weeks after it ends.

(3) The period expires instead at the end of eight weeks after the mediation ends (subject to sub-paragraph (4)).

(4) If a period has been extended by this paragraph, sub-paragraphs (2) and (3) apply to the extended period as they apply to a period mentioned in sub-paragraph (2)(a).

(5) Where more than one period applies in relation to a relevant dispute, the extension by sub-paragraph (3) of one of those periods does not affect the others.

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

(7) For the purposes of this paragraph, a mediation ends on 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(b) a party completes the notification of the other parties that it has withdrawn from the mediation,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.

(8) For the purpose of sub-paragraph (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(9) In the case of any relevant dispute, references in this paragraph 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.”.