Extension of time limits because of mediation in certain cross-border disputes140A

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, and

d

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

2

Subsection (3) applies where—

a

a time limit is set by section 118(1)(a), 118(2) or 129(3) in relation to the whole or part of a relevant dispute,

b

a mediation in relation to the relevant dispute starts before the time limit expires, and

c

if not extended by this section, the time limit would expire before the mediation ends or less than eight weeks after it ends.

3

The time limit expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).

4

If a time limit mentioned in subsection (2)(a) has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a).

5

Subsection (6) applies where—

a

a time limit is set by section 123(1)(a) in relation to the whole or part of a relevant dispute,

b

a mediation in relation to the relevant dispute starts before the time limit expires, and

c

if not extended by this section the time limit would expire before the mediation ends or less than four weeks after it ends.

6

The time limit expires instead at the end of four weeks after the mediation ends (subject to subsection (7)).

7

If a time limit mentioned in subsection (5)(a) has been extended by this section, subsections (5) and (6) apply to the extended time limit as they apply to a time limit mentioned in subsection (5)(a).

8

Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) or (6) of one of those time limits does not affect the others.

9

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.

10

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.

11

For the purpose of subsection (10), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

12

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.

13

Where a court or tribunal has power under section 118(1)(b) or 123(1)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this section.