Jurisdiction(s):
European Union

Key definition

Recourse definition

What does Recourse mean? Recourse describes, in finance and security documents, the right of a creditor or purchaser to look beyond the asset to another party (such as a seller, borrower, guarantor or indemnifier) for payment or reimbursement. It is a descriptive expression used across multiple contexts rather than a term generally defined by statute; its scope is set by contract. In receivables financing (factoring, invoice discounting and securitisation), a purchase “with recourse” typically entitles the purchaser to require the seller to repurchase a receivable for a defined repurchase price (a put‑back), and/or to indemnify for non‑payment or breaches. A purchase “without recourse” allocates debtor...

EU Cross‑Border Mediation in Civil and Commercial Matters: Directive 2008/52/EC—scope, confidentiality, limitation/prescription, enforceability and quality standards

Published by a LexisNexis EU Law expert

Practice notes

This Practice Note summarises Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 concerning particular aspects of mediation in civil and commercial matters. It explains the Directive’s application and terminology, and explores the mediation framework it establishes, including access to quality mediation, the European Code of conduct for Mediators, Confidentiality, and the handling of limitation and Prescription periods. It also considers the enforceability of settlement agreements reached through mediation. For details on the Directive’s implementation and evaluation, see Practice Note: —implementation.

Definitions

Article 3 of the Directive sets out two key definitions:

mediation—refers to a structured process, whatever its label, in which two or more parties to a dispute, acting voluntarily, seek to agree terms to resolve their dispute with the support of a mediator. The process may begin at the parties’ initiative, be proposed or ordered by a court, or be required by the law of a Member State. It includes mediation conducted by a judge who is not dealing with any judicial proceedings in relation to the dispute. It excludes attempts by the seised court or judge to settle...

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Web page updated on 21/05/2026

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