Is there a need to regulate mediation? The English and Welsh case study. / Valladares Paheco de Oliveira, Leonardo; Beckwith, Carolyn .

In: Commonwealth Law Bulletin, Vol. 42, No. 3, 2016, p. 327-354.

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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.
Original languageEnglish
Pages (from-to)327-354
Number of pages28
JournalCommonwealth Law Bulletin
Volume42
Issue number3
Early online date22 Sep 2016
DOIs
Publication statusPublished - 2016
This open access research output is licenced under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

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