Although the parties are strongly encouraged to mediate, they cannot be forced to mediate. Indeed, the success of mediation depends largely on the willingness of all parties to cooperate and compromise: if the parties are not ready but are forced to the negotiating table, mediation is less likely to be successful. In November 2018, a civil justice council working group published a report on the role of ADR in the civil law system of England and Wales. The report, while strongly supporting the strengthening of the promotion of ADR and mediation, did not support the introduction of ADR or mandatory mediation. A separation agreement is not legally binding. However, they can normally use it in court if: although mediation is not mandatory, the UK stands out for its gradual approach to commercial mediation, with courts supporting and encouraging mediation and largely maintaining the mediation agreements found in dispute resolution clauses. As the world`s leading dispute resolution centre, the UK – and in particular London – also has a large-scale and well-developed mediation sector, including a large network of leading mediation experts. For mediation to be effective in resolving finances after marriage collapses, full financial disclosure is necessary to ensure a fair outcome (see our Guide to Financial Arrangements After Marriage Collapse). It is important to get legal advice before mediation. This Regulation also covers national rules on cross-border mediations subject to the EU Mediation Directive (2008/52/EC).
The Mediation Directive aims to facilitate and promote mediation settlement in cross-border disputes and applies to most civil and commercial cross-border disputes in which one party resides in the UK and the other in another EU Member State. It has only been transposed into English law as regards cross-border mediations provided for in the 2011 Rules of Civil Procedure, which entered into force on 6 April 2011, and the Borders Act (EU Directive) Regulations 2011 (SI 2011/1133), which entered into force on 20 May 2011. . . .