Through the looking glass: Exploring the regulatory-ethical eco-system for mediation

• Main Author: ALEXANDER, Nadja
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2020
• Subjects: Mediation; regulation; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3464; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99425711202601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Comparative%20dispute%20resolution&offset=0
• Institution: Singapore Management University

How can we conceptualize a robust regulatory system for mediation without compromising the hallmark qualities of mediation that make it so attractive to users - qualities such as procedural flexibility, maximization of party autonomy and interests, and high standards of confidentiality? In addressing this central question, the chapter begins by recognizing the limitations of conventional positivist approaches to regulating mediation practice. It invites readers to view mediation regulation through a contextual lens that highlights connections amongst law, ethics, policy, professions, organisations, civil society and governments in a relational and dynamic regulatory eco-system. Illustrations of the contextual qualities of mediation regulation are drawn from diverse international sources. Building on a structure that identifies regulatory actors, form and content as its core elements, the mediation eco-system is re-imagined to embody an ethical dimension as a dynamic part of its regulatory framework. This pluralistic regulatory approach envisages ongoing collaboration by stakeholders to navigate a robust yet responsive path to regulation.