European Communities (Mediation) Regulations 2011.

• Statutory Instrument No.: 209/2011
• Published date: 10 May 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th May, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Directive 2008/52/EC1 of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Mediation) Regulations 2011.

(2) These Regulations shall come into operation on 18 May 2011.

Definitions

2. (1) In these Regulations—

“agreement” means an agreement in writing reached through mediation;

“court” means the High Court, the Circuit Court or the District Court;

“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;

“party” means a party to a relevant dispute;

“relevant dispute” means a cross-border dispute to which the Directive applies.

(2) A word or expression that is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

Recourse to mediation

3. (1) A court in proceedings concerning a relevant dispute, on the application of any of the parties or of its own motion, may, when it considers it appropriate to do so and having regard to all the circumstances of the case, order that the proceedings or any issue therein be adjourned for such time as the Court considers just and convenient and—

(a) invite the parties to use mediation to settle or determine the relevant dispute or issue, or

(b) where the parties so consent, refer the proceedings or issue to such mediation.

(2) A court may for the purposes of paragraph (1), invite the parties to attend such information session on the use of mediation, if any, as the court may specify.

(3) Where the parties decide to use mediation under paragraph (1) the court may make such further orders or give such directions, as the court considers will facilitate the effective use of mediation.

Confidentiality of mediation

4. (1) Subject to paragraph (2), a mediator or a person involved in the administration of a mediation shall not be compelled to give evidence in civil...