Mediation

England and Wales

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England and Wales

Article 10 - Information on competent courts or authorities

If you wish to enforce in England and Wales the content of an EU cross-border mediation agreement that has not previously been declared enforceable in another EU Member State, you should make an application to do so according to the procedures as set out:

• If you are involved in existing proceedings in a court in England and Wales that relate to the mediated matter, you should make the application to that court;

• If you are not involved in existing proceedings in a court in England and Wales and the mediation concerns a civil and commercial matter (but excluding family matters), you should make the application to make the content of your mediation settlement agreement enforceable either to the High Court or to any one of the other courts listed below marked as dealing with ‘civil’ matters that would have jurisdiction over related proceedings, had proceedings (rather than mediation) been commenced. For example, you could apply to the court local to where one or more of the parties reside, or, where the mediated matter concerns land, the court for the district in which the land is situated;

• If you are not involved in existing proceedings in a court in England and Wales and the mediation concerns a family matter, you should make the application to a court marked as dealing with “Family” matters and which would have jurisdiction over related proceedings, had proceedings (rather than mediation) been commenced. As the question of court jurisdiction in family matters is highly specific to the disputes/content of the agreement, interested parties should direct their enquiries to the court local to where one or more of the parties reside. Alternatively, interested parties may want to seek legal advice on the appropriate court from a family lawyer in England and Wales;

If you wish to enforce in England and Wales the content of an EU cross-border mediation agreement that has previously been declared enforceable in another EU Member State, you should make an application to do so according to the procedures as set out:

In relation to civil and commercial (non family) matters, in Council Regulation (EC) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), and the application should be made in the High Court of Justice only;

In relation to family matters:

i. In the above-mentioned Council Regulation (EC) No 1215/2012 of 12 December 2012; and/or

ii. in Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility;

An up-to-date list of competent courts may be found at the following link: Court and Tribunal Finder

Last update: 12/04/2016

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