Trends in Mediation Legislation: 'All for One and One for All' or 'One at All’?

Abstract

Developments reflecting the growing use of mediation to achieve the policy objectives of civil justice system reform and the ADR movement are evident in Australia and abroad. These developments include the increasing number of statutes in which provision has been made for mediation and, in some jurisdictions, the enactment of Mediation Acts. The Law Reform Commission of Western Australia has recently recommended the enactment of a Mediation Act in this State. This article reviews these developments, comments on the recommendations of the Law Reform Commission and highlights the issues that need to be addressed if a Mediation Act is to be enacted.