Is there a need to regulate mediation? The English and Welsh case study. Issue 3 (2nd July 2016)

• Record Type: Journal Article
• Authors: V.P.de Oliveira, Leonardo; Beckwith, Carolyn
• Is Part Of: Commonwealth law bulletin. Volume 42:Issue 3(2016)
• Page Start: 327
• Page End: 354
• Publication Date: 2016-07-02
• Subjects: Law -- Commonwealth countries -- Periodicals; 349.11241
• DOI: 10.1080/03050718.2016.1227718
• Languages: English
• ISSNs: 0305-0718

Abstract

Abstract : The use of mediation in England and Wales is nowadays an accepted and common practice within the alternative dispute resolution industry. Credited professionals have been performing the duties of a mediator in different fields of legal disputes; however, despite the positive perception of mediation, this area remains unregulated. So far, the rules applying to mediation in England and Wales originate from case law and contract between the parties. Such a scenario is not shared by other countries in which mediation has been regulated through an Act covering either private or judicial mediation. This article examines the current mediation scenario in England and Wales to assess whether there is a need to give it a statutory character in a similar manner to other jurisdictions.