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V. P de Oliveira, Leonardo; Beckwith, Carolyn (2016)
Publisher: Taylor & Francis
Languages: English
Types: Article
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.
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    • 87 Directive 2008/52/EU of the European Union and the Council on certain aspects of mediation in civil and commercial matters [2001] OJL 136.6, article 11
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