Mediation
and Public Justice
SIMON ROBERTS
ABSTRACT
Country:
England
Language:
English
In England the relationship of mediation to civil justice remains in an uncertain, transitional state. New Civil Procedure Rules, introduced in April 1999 and applicable across a broad field of civil disputes, contemplate a close relationship between mediation and civil justice. The Rules encourage court sponsorship of mediation, contemplating such sponsorship as the primary driving force in bringing about mediation's widespread use. The Family Law Act, passed in1996 but as yet only partially implemented, relies just as heavily on mediation but places it in an entirely different relationship to court processes. The Act prescribes a process controlled by the parties themselves, which should not in the majority of cases require the use of professional representatives or involve litigation. This paper compares and evaluates these different locations for mediation, looking at their implications for future professional development.
London School of Economics and Political Science
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