This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action protocols and the rules on costs in particular, as well as the interaction between mediation and the common law rules of confidentiality and privilege. England has taken a very light-handed approach to the regulation of mediation, with few rules in place outside of the legal aid scheme's funding code, and those required by the Mediation Directive (which has been implemented only in relation to cross-border mediations). Accordingly, a number of private organisations have been developing the jurisdiction's mediation profession and infrastructure (with the support of the judiciary) since the 1990s, but almost all matters of practice and procedure are left to the parties' discretion. A number of empirical studies are commented on, particularly in the context of family mediation and small claims mediation.
Keywords: England, Wales; mediation; civil cases; Mediation Directive; Civil Procedure Rules; confidentiality; privilege; family mediation; small claims mediation
Chapter. 40749 words.
Subjects: Comparative Law
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