SCHEDULES

SCHEDULE 10Civil actions to which the 2008 Mediation Directive applies

I11Prohibition on continuing or bringing actions which involved prior cross-border mediation

1

Section 43(1) and (2) do not apply to any action which involved prior cross-border mediation.

2

Accordingly, in relation to such an action, section 43 has effect as if subsections (1) and (2) were replaced with these provisions—

1

An action which involved prior cross-border mediation that was brought on or after the later of—

a

the end of the relevant post-mediation period, and

b

the day of the First Reading in the House of Commons of the Bill for this Act,

may not be continued on or after the day on which section 43 comes into force.

2

An action which involved prior cross-border mediation may not be brought on or after the day on which section 43 comes into force, unless the action is brought before the end of the relevant post-mediation period.

3

A reference in section 43(7) or (8) to section 43(1) or (2) accordingly includes a reference to the corresponding provision contained in sub-paragraph (2).