Originally from Alternatives to the High Cost of Litigation

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It is not coincidental that some mediation practices are annexed to courts and every year court refers many cases to mediators for mediation.

In most jurisdictions, civil procedure rules or specialized legal regulations define mediators’ minimum training, ethics, and code of conduct. Evidently, mediation is an integral part of the judicial system, governed by legal rules and principles, with its inherent procedural flexibility. And the flexibility of the mediation process and the diversity of disputes presented for mediation support the emergence of mediators from every walk of life.

Mandating elaborate legal education and/or methodology may frustrate the mediation process and outcome. There is, however, no consensus on whether the law should play a more dominant role in the mediation process. See Jacqueline Nolan-Haley, “Court Mediation and the Search for Justice through Law,” 74 Washington U. L. Q. 47 (1996) (available at https://bit.ly/3TccJky). Nevertheless, a basic knowledge of legal principles and rationales could positively enhance parties’ and mediators’ experiences.