Regulating Mediators?

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Abstract:

Should the provision of services by individual mediators and mediation providers in England be controlled: if so, to what extent, in what form, and how soon? Until comparatively recently, the development of mediation in England has been relatively slow, but the speed of change appears to be quickening. Group control of individual activities is well established in England, ranging from light-touch private control to extensive State intervention. The authors examine the development of mediation, and the possibilities for control, and reach the conclusion that, although regrettable, some control structures will become necessary but that those structures should not be based on legislation imposing an overarching regulatory framework for mediators but should be based on evolution driven by private organisation, and court support and supervision – if necessary encouraged by legislation.

Document Type: Research Article

Publication date: January 1, 2007

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  • Legal Ethics is an international and interdisciplinary journal devoted to the field of legal ethics.
    The journal provides an intellectual meeting ground for academic lawyers, practitioners and policy-makers to debate developments shaping the ethics of law and its practice at the micro and macro levels.
    Its focus is broad enough to encompass empirical research on the ethics and conduct of the legal professions and judiciary, studies of legal ethics education and moral development, ethics development in contemporary professional practice, the ethical responsibilities of law schools, professional bodies and government, and jurisprudential or wider philosophical reflections on law as an ethical system and on the moral obligations of individual lawyers.
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