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

Valladares Pacheco de Oliveira, Leonardo and Beckwith, Carolyn (2016) Is there a need to regulate mediation? The English and Welsh case study. Commonwealth Law Bulletin, 42 (3). pp. 327-354. ISSN 1750-5976

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Official URL: http://dx.doi.org/10.1080/03050718.2016.1227718

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.

Item Type: Journal Article
Keywords: Mediation, Regulation, England and Wales
Faculty: ARCHIVED Faculty of Arts, Law & Social Sciences (until September 2018)
Depositing User: Dr Leonardo Valladares Pacheco de Oliveira
Date Deposited: 26 Aug 2016 10:44
Last Modified: 14 Nov 2019 16:11
URI: http://arro.anglia.ac.uk/id/eprint/700755

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