Internet Newsletter for Lawyers
January/February 2003, by Delia Venables

Mediation Resources on the Web
by Christopher Butterworth

Let us start with a couple of definitions:

“Alternative Dispute Resolution” (ADR) - processes for resolving disputes as alternatives to litigation; e.g. arbitration, mini-trial, adjudication, expert determination, Online Dispute Resolution, mediation, etc.

“Mediation” - one of the ADR processes which involves the employment of a neutral third party Mediator to bring the parties to their resolution of their dispute. The mediator does not act as a judge or arbitrator and makes no judgement and gives no advice.

This short article is about Civil & Commercial Mediation resources on the web, and is mainly limited to UK sites.

The Main Mediation Sites

The sites of the main mediation players cover: I was going to start by listing a quantity of websites of the key players but Delia has already done this very thoroughly at www.venables.co.uk/adr.htm Her links cover all aspects of ADR and it is interesting to note that there are as many dealing with mediation as with the longer established dispute resolution processes of arbitration or adjudication.

ADR Group, and The Centre for Effective Dispute Resolution (CEDR) are probably the best established mediation providers in the UK each of which have substantial sites covering, in different ways, the widest range of background, how to find a mediator, news, documentation, and peripheral information. Each has its own character and is well worth a visit.

As Delia’s weblinks show, there are many other mediation providers including individuals, solicitors’ practices, barristers chambers and other commercial providers who can provide, or act as, mediators and will do the administrative work associated with mediation on a commercial basis.

The Chartered Institute of Arbitrators has also recently formed a mediation referral panel and can appoint mediators. This fact seems to be fairly well hidden on their site but is referred to here. This is marginally better than the Law Society who have also established a specialist panel of Civil/Commercial Mediators whose existence is not even referred to on their ADR/Mediation page. A far better effort can be found on the site of the Academy of Experts which is far more informative, and gives substantial information about what they and their Faculty of Mediation & ADR can offer.

For those who want to delve into the subject of mediation in detail, there are good reading lists on the CEDR and Consensus sites.

To see how far the Government has moved in its pledge to encourage ADR of all sorts, see the Office of Government Commerce’s Dispute Resolution Guidance and the LCD’s assessment of how they are doing so far.

At present mediation is relatively unregulated; this is seen by many as a strength but to others as an apparent opportunity for regulation, as can be seen from the EC’s Green Paper on ADR in Civil and Commercial Law. CEDR’s response is well argued and is broadly along the lines of others I have seen which say mediation should be given room to grow and efforts should be concentrated on improving the environment in which this can happen. See also the Association of Northern Mediators’s comments on the “eurospeak”.

Mediation is an international phenomenon and if you would like to start looking around start with some of the following, and follow any links from there:

And finally, if this all seems too serious, groan at the mediation jokes on the Consensus Mediation site!

Christopher Butterworth is a regularly practising mediator specialising in commercial, IT, agricultural and partnership disputes. He is the managing Partner of Raworths, Solicitors in Harrogate, a CEDR Registered Mediator, a Panel Mediator of the Chartered Institute of Arbitrators and a Practitioner Member of the Law Society's Civil/Commercial Mediation Panel.

email: christopher.butterworth@raworths.co.uk

There is a useful definition of ADR and Mediation on Raworth’s site at www.raworths.co.uk/med_civil_faq.html


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