Regulating mediators?

Abstract

Should the provision of services by individual mediators and mediation providers in England be controlled: if so, to what extent, in what form, and how soon? Until comparatively recently, the development of mediation in England has been relatively slow, but the speed of change appears to be quickening. Group control of individual activities is well established in England, ranging from light-touch private control to extensive State intervention. The authors examine the development of mediation, and the possibilities for control, and reach the conclusion that, although regrettable, some control structures will become necessary but that those structures should not be based on legislation imposing an overarching regulatory framework for mediators but should be based on evolution driven by private organisation, and court support and supervision – if necessary encouraged by legislation.