Cap. 474 Art. 17Recourse to mediation proceedings.

Mediation proceedings may be resorted to by the mediation parties -

(a) voluntarily; or

(b) following a decree or order by a court or other adjudicating authority; or

(c) by law.

(a) the parties agree to use mediation after the dispute has arisen;

(b) mediation is ordered by the court;

(c) an obligation to use mediation arises under national law; or

(d) for the purposes of article 17(b) a decree or order by a court or other adjudicating authority is made to the parties.

(2) Notwithstanding the provisions of subarticle (1), for the purposes of confidentiality and limitation and prescription periods, a cross-border dispute shall also be one in which judicial proceedings or arbitration following mediation between the parties are initiated in Malta or another Member State other than the Member State in which the parties were domiciled or habitually resident on the date referred in subarticle (1)(a), (b) or (c).

(3) For the purposes of sub-articles (1) and (2), domicile shall be determined, amongst other provisions, in accordance with Articles 59 and 60 of Council Regulation (EC) 44/2001 and Articles 61, 62 and 63 of Council Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.