A Mediation Act: Do we need one?- AMINZ Conference Paper

Deborah Clapshaw & Susan Freeman-Greene A. INTRODUCTION 1. DO WE NEED MEDIATION LEGISLATION? This is a good topical question – but not an easy one. At first blush, as mediators, there seems a simple answer. We want mediation to flourish. Surely a law that facilitates, supports and regulates a dispute resolution process which has grown exponentially in use in the last decade could only consolidate further growth. However, a closer look suggests that mediation legislation might hamper the development of mediation. In the United States, Benjamin1 questions whether the recent Uniform Mediation Act 2001 is a Trojan Horse carrying within its belly notions that are likely to significantly alter the original...