The Promotion of Civil and Commercial Mediation in the UK

Abstract

There is not a Mediation Act that regulates mediation in the UK for domestic disputes, but there is an increasing number of sectorial regulations and case law that require litigants to consider mediation before going to court. This paper examines the changes in the law affecting mediation for civil and commercial matters by looking specifically how the government and the courts promote the use of mediation in different legal fields. It argues that the high costs in litigation is the main policy driver encouraging litigants to consider mediation before going court, which is increasingly offered though more convenient means of electronic communications. This paper concludes by looking at the future developments and strategies for the promotion of mediation.

Keywords: Mediation, ADR, Civil Procedure