Mediation Law and Practice

Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

Part I. The Practice of Mediation: 1. Mediation: its history and definition; 2. How to mediate; 3. The theory and philosophy of mediation; 4. Specific types of mediation; 5. Who is the mediator?; 6. The ethics of mediation; Part II. The Law of Mediation: 7. Mandatory mediation; 8. Confidentiality; 9. Settlement agreements; 10. Statutory schemes; 11. Mediation clauses in contracts; 12. The future of mediation.

This book explains the philosophy behind mediation and the step-by-step process of mediation. Further, it explains the developing common and statute law of mediation. Finally, it provides students and practitioners with the complete text on the practice and law surrounding mediation.

David Spencer is a Solicitor of the Supreme Court of NSW and the High Court of Australia as well as being Senior Lecturer in the Division of Law at Macquarie University.
Michael Brogan has been admitted as Barrister of the Supreme Court of NSW and the High Court of Australia as well as being a Senior Lecturer in the School of Law at the University of Western Sydney.