Through the looking glass: Exploring the regulatory-ethical eco-system for mediation

Publication Type

Book Chapter

Version

submittedVersion

Publication Date

12-2020

Abstract

How can we conceptualize a robust regulatory system for mediation without compromising the hallmark qualities of mediation that make it so attractive to users - qualities such as procedural flexibility, maximization of party autonomy and interests, and high standards of confidentiality? In addressing this central question, the chapter begins by recognizing the limitations of conventional positivist approaches to regulating mediation practice. It invites readers to view mediation regulation through a contextual lens that highlights connections amongst law, ethics, policy, professions, organisations, civil society and governments in a relational and dynamic regulatory eco-system. Illustrations of the contextual qualities of mediation regulation are drawn from diverse international sources. Building on a structure that identifies regulatory actors, form and content as its core elements, the mediation eco-system is re-imagined to embody an ethical dimension as a dynamic part of its regulatory framework. This pluralistic regulatory approach envisages ongoing collaboration by stakeholders to navigate a robust yet responsive path to regulation.

Keywords

Mediation, regulation

Discipline

Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Comparative dispute resolution

Editor

Moscati, Maria-Frederica; Palmer, Michael; Roberts Marian

First Page

172

Last Page

189

ISBN

9781786433022

Identifier

10.4337/9781786433039.00019

Publisher

Edward Elgar

City or Country

Cheltenham

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.4337/9781786433039.00019

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