Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues

Abstract

Abstract This chapter analyses the law and principles of mediation from a comparative perspective and develops regulatory models. The chapter commences with an overview of the development of mediation in the European Union and the wider world, followed by an explanation of the outline and approach of the book. Then an extensive functional comparison of the regulation of mediation in the 22 countries covered by the book is undertaken. In particular, comparison is made between the definition of mediation and models of regulation, the institutional integration of mediation in dispute resolution procedures and substantive law, the structure of the mediation procedure, specific fields of law and the professional law of mediators. Finally, there is a comparative analysis of empirical evidence, a critical evaluation of mediation law and a development of guidelines for regulating mediation.

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