By examining the position of mediation in a tradition of 'adversarial' court-adjudicated disputes, The Commonwealth Guide to Mediation: A Resource for Practitioners and Policy-makers chronicles the evolution of mediation as a case management tool. Furthermore, it explores the various models that have been adopted, identifying emerging areas of innovation and highlighting exemplars of good practice.
It examines the distinction and relationship between mediation and arbitration, as well as noting the growing role of 'Med-Arb' and 'Arb-Med' practices by which the mediation and arbitration processes are combined. This is undertaken alongside a wider exploration of the relationship of mediation to broader justice traditions (including, but not limited to, litigation and arbitration) while acknowledging the varied and long-standing indigenous approaches to justice and dispute resolution.
With this context established, the Guide explores the potential impact of mediation on the law throughout the Commonwealth, and the implications this may have for stakeholders.
