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Is there a need to regulate mediation? The English and Welsh case study

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posted on 2023-08-30, 14:23 authored by Leonardo Valladares Pacheco de Oliveira, Carolyn Beckwith
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.

History

Refereed

  • Yes

Volume

42

Issue number

3

Page range

327-354

Publication title

Commonwealth Law Bulletin

ISSN

1750-5976

Publisher

Taylor & Francis

File version

  • Accepted version

Language

  • eng

Legacy posted date

2016-08-26

Legacy creation date

2016-08-25

Legacy Faculty/School/Department

ARCHIVED Faculty of Arts, Law & Social Sciences (until September 2018)

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