Mediation - Scotland
In the field of civil justice, pending procedures and proceedings initiated before the end of the transition period will continue under EU law. The e-Justice Portal, on the basis of a mutual agreement with the UK, will maintain the relevant information related to the United Kingdom until the end of 2022.
FINDING COMPETENT COURTS/AUTHORITIES
The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.
Article 10 - Information on competent courts or authorities
The Cross-Border Mediation (Scotland) Regulations 2011 implement Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters. This Directive allows mediation agreements to be made enforceable in Member States. The Scottish Regulations apply to “cross-border” disputes (i.e. where at least one party to a dispute is domiciled or habitually resident in a Member State other than that of another party) in respect of certain civil and commercial matters.
If you wish to enforce the content of a mediation agreement in Scotland, either of the following procedures may be followed:
- You can apply to the Court of Session or a Sheriff Court to ask the Court to “interpone” its authority to the mediated agreement. This will change the agreement into a court order.
- Alternatively, self-proving written agreements can be registered for execution in the Books of Council and Session or in Sheriff Court Books. To register the agreement in the Books of Council and Session, you should apply to the Keeper of the Registers of Scotland. Information on the Books of Council and Session is available here. When an agreement is registered for execution, the document becomes an authentic instrument.
Agreements that have been endorsed by the Court or registered by either of the methods outlined above may be enforceable in other EU Member States.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Last update: 17/02/2020