Laws around confidentiality, enforceability and limitation periods in mediation agreements will be affected when the Brexit transition period ends this month, the Law Society has warned practitioners.

It published guidance last month on cross-border alternative dispute resolution (ADR) post-transition. The guidance, which will apply whether or not the UK and EU agree a deal, highlights that the 2011 Regulations implementing the EU Mediation Directive will be repealed and replaced on 1 January.

The free European Online Dispute Resolution platform for online sales and contracts will no longer be available to UK businesses and consumers. Arbitration will be largely unaffected post-transition.

Last week, a cohort of law societies and business groups wrote to the European Council president, Charles Michel and other EU leaders urging them to readmit the UK to the Lugano Convention post-transition. Law Society president David Greene said Lugano, which clarifies which national courts have jurisdiction, ‘makes dispute resolution more accessible’.