Abstract: Mediation involves neutral third party intervention to facilitate settlement of disputes (Section II). It is on the rise (Section IV), partly because it is encouraged by Government in various ways (Section V) and by the European Union (Section VI). Detailed global investigation of mediation (see notes 1 and 2, and Sections VII and VIII) reveals general support for the “voluntary principle” (Section IV), namely, (1) parties should not be compelled to mediate; (2) at all times the process should be under their joint consensual control; and (3) the parties must be completely free to agree whether to settle and on what terms. Including endorsement of the voluntary principle, the author proposes six fundamental principles within this fi eld (Section III).
Keywords: mediation; governmental promotion of mediation; compulsory mediation; mediation principles; voluntary principle of mediation
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