Harmonisation and Diversity in the Private International Law of Mediation: The Rhythms of Regulatory Reform*

Abstract

This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives - as opposed to legal diversity - offer advantages or disadvantages to crossborder mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural-psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.