Abstract

With both the increasing significance of mediation in civil justice systems and the continuing need to articulate and validate a process conducted confidentially, this article summarises how a typical commercial mediation is conducted, and what has made mediation attractive for resolving commercial disputes; it reviews official support for its development, discussing the degree to which use of mediation can be encouraged by judicial order and use of costs sanctions; it also examines the impact of the EU Mediation Directive on English civil practice, distinguishes mediation from arbitration, and speculates about future developments.

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