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Introduction to Mediation Law

Some people say that mediation law is an oxymoron, that the words mediation and law don’t belong together because mediation is supposed to be an alternative to the courts. Well, mediation is an alternative to the courts, but that doesn’t mean that law is irrelevant. In this course, I’m going to show you that mediation is always surrounded by law. It operates in the shadow of the law and law always plays a part in mediation. In fact, even if a country doesn’t deliberately regulate mediation, there will still be mediation law. You can’t not regulate.

There’s been regulation and laws about mediation ever since the first professional mediation took place. There are many forms of mediation law. It could be the general law of contract which determines the meaning of mediation agreements or specific mediation legislation, or the rules of the ICC on mediation. All these have an impact on mediation in one way or another.

Furthermore, Mediation law is sometimes hard to find. It’s not always located in the right place. This course will help you to identify mediation law in an easy and structured way, both in your own country and in any other jurisdiction around the world. What if you find yourself mediating in a foreign jurisdiction? How do you figure out what laws apply to you? Well, that’s exactly what we’re going to look at in this course.

Learning Objectives

1. Understand the relationship between law and mediation

2. Distinguish between law in mediation and the law of mediation

3. Identify categories of mediation law and understand different regulatory forms

4. Learn the tools to analyze the mediation law of any jurisdiction

Who is this course aimed at? 

– Lawyers/ Judges

– Policy makers

– Mediators

– Mediation users

Level

Introductory

1h 14mins

Commitment

Nadja Alexander

Nadja Alexander is an award winning author and educator (2011, 2007, 1997) and a conflict intervention professional. She holds professorial appointments Australia and the United States and has taught mediation at universities and in corporate settings all over the world. Nadja is an independent adviser on mediation policy to national governments and international bodies, such as the World Bank Group. She has been engaged in the field of confl... View Mediator

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Aled:                        Hi. I’m Aled Davies and welcome to Mediator Academy’s online courses. Today’s course is an introduction to mediation law and is taught by Professor Nadja Alexander. Nadja, welcome.

Nadja:                     Thank you. Nice to be here, Aled, as usual.

Aled:                        Nadja, could you say a little bit more about the course?

Nadja:                     Some people say that mediation law is an oxymoron, that the words mediation and law don’t belong together because mediation is supposed to be an alternative to the courts. Well, mediation is an alternative to the courts, but that doesn’t mean that law is irrelevant. In fact, I think, in this course what I’m going to show you is that mediation is always surrounded by law. It operates in the shadow of the law and law always plays a part in mediation. In fact, even if you don’t deliberately, if a country doesn’t deliberately regulate about mediation, you still have mediation law. You can’t not regulate.

There’s been regulation and laws about mediation ever since the first professional mediation took place. Whether it’s the general law or a contract, which is interpreting an agreement to mediate or whether it’s a specific piece of mediation legislation or the rules of the ICC on mediation, there’s always been mediation.

Mediation law is sometimes hard to find. It’s not always located in the right place, so what I’m going to do in this course is help you to be able to identify mediation law in an easy and structured way, both in your own country and in any country or jurisdiction you choose. I think it’s really important, not just for your own jurisdiction, but also, say if you’re a lawyer in England and all of the sudden you have a file and you’ve got a mediation clause which says the applicable law is the law of Singapore. You then have to pretty quickly get a handle on what is the mediation law of Singapore. Right? How do you do that? Well, that’s exactly what we’re going to look at in this course.

Aled:                        Okay. What else can we expect to learn from this course today?

Nadja:                     Well, in terms of learning objectives, I think one of the first things you’re going to learn is why and how law is important in mediation. You’re going to learn the difference between law in mediation and the law of mediation. That’s a really fundamental distinction. You’re going to learn to identify four categories of mediation law and also learn to identify the different regulatory forms that you typically find in mediation. Finally you’re going to have the tools by the end of this course to analyze and examine in a very structured way the mediation law of any jurisdiction.

Aled:                        Brilliant. Sounds great. Can’t wait to get started.

Nadja:                     Well, I’m excited.

Aled:                        Who is this aimed at? If you were to think about the kinds of people, mediators, users, who would be interested in this course?

Nadja:                     Well, I think a range of people. I mean definitely lawyers, but also policy makers, people involved in making mediation law, anyone, judges, anyone who needs to apply mediation law or find mediation law, all sort of users of mediation. If you’re a party, a commercial party or another party wanting to find out, for example, what your obligations are under mediation, this is useful for you as well. Anyone really wanting to engage with the mediation process. You don’t have to be a lawyer, but if you want to engage with mediation, I think it’s important to really understand what your rights are and what your obligations are in relation to the process.

Aled:                        Okay. Great.