Mediation and the Art of Regulation

8 QUT Law & Justice Journal (2008)

23 Pages Posted: 20 Feb 2021

See all articles by Nadja Marie Alexander

Nadja Marie Alexander

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance; Singapore International Dispute Resolution Academy

Date Written: 2008

Abstract

In a political climate filled with talk of how to best regulate mediation, it is surprising that so little regulatory theory has been brought into the discussion. The aim of this paper is to provide a conceptual framework for informed debate in relation to the regulation of mediation. The framework comprises two parts. First, four international regulatory trends in mediation are introduced: the market-contract, self-regulatory, formal framework and formal legislative approaches. Against this background the second part deals with the specific content of regulatory provisions on mediation. The resulting framework is called the Mediation Mix, which brings form and content together and addresses the questions: What aspects of mediation are, or should be, regulated, and how? The Mediation Mix is useful for analysing regulation trends in a given jurisdiction, for comparing trends in different jurisdictions, countries and regions, and for planning regulation policy. Finally, it highlights how different types of regulation can address tensions thrown up by the eternal diversity–consistency debate in mediation.

Suggested Citation

Alexander, Nadja Marie, Mediation and the Art of Regulation (2008). 8 QUT Law & Justice Journal (2008), Available at SSRN: https://ssrn.com/abstract=3747674 or http://dx.doi.org/10.2139/ssrn.3747674

Nadja Marie Alexander (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

Singapore International Dispute Resolution Academy ( email )

Singapore Management University
55 Armenian St
Singapore, 179943
Singapore
179943 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
54
Abstract Views
265
Rank
567,731
PlumX Metrics