PART 4Extension of Time Limits in View of Mediation in Certain Cross-border Disputes - Amendments to Secondary Legislation
Amendments to the Working Time Regulations 199869
After regulation 30, insert—
Extension of time limits because of mediation in certain cross-border disputes30A
1
In this regulation—
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
Paragraph (3) applies where—
a
a three month time limit is set by regulation 30(2) 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 regulation, the time limit would expire before the mediation ends or less than four weeks after it ends.
3
The time limit expires instead at the end of four weeks after the mediation ends (subject to paragraph (4)).
4
If a time limit mentioned in paragraph (2)(a) has been extended by this article, paragraphs (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in paragraph (2)(a).
5
Where more than one time limit applies in relation to a relevant dispute, the extension by paragraph (3) of one of those time limits does not affect the others.
6
For the purposes of this regulation, 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 regulation, 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a party completes the notification of the other parties that it has withdrawn from the mediation;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; or
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
8
For the purpose of 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 regulation 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.
10
Where the tribunal has the power under regulation 30(2)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this regulation.