Commonwealth Secretariat Empowers Legal Practitioners with New Guide on Mediation

26 July 2023
Guide to Mediation

Mediation is growing in importance as a mode of dispute resolution, as more and more parties in an ever-wider range of disputes recognise its potential. The Commonwealth Secretariat’s Office of Civil and Criminal Justice Reform (OCCJR), with Thuso Ltd, has produced a guide for practitioners and policy-makers to the history, practice and potential of this non-adversarial path.

The Commonwealth Guide to Mediation was developed in close consultation with the Commonwealth Working Group on Civil Procedure Law Reform, comprising experts and officials from across the Commonwealth with a passion for improving justice outcomes in this field. The OCCJR is indebted to the members of the Working Group for their time and expertise.

Matthew Moorhead, OCCJR Legal Adviser, expressed his enthusiasm for the guide, saying:

 "Mediation has an essential role to play in producing better outcomes for parties and easing the burden on court systems. I hope this Guide can assist anyone concerned with these issues."

Anchored in analysis, the guide examines the critical distinction and relationship between mediation and arbitration. Moreover, it highlights the growing prevalence of 'Med-Arb' and 'Arb-Med' practices, where mediation and arbitration processes harmoniously intertwine, demonstrating the versatility of dispute resolution mechanisms.

The Commonwealth Guide to Mediation explores mediation's position within broader justice traditions, encompassing litigation and arbitration, while also acknowledging the indigenous approaches to justice and dispute resolution. By providing this context, the guide seeks to empower readers to navigate the intricacies of mediation effectively.

The guide explores the potential impact of mediation on the law throughout the Commonwealth. This examination sheds light on the implications that mediation may hold for various stakeholders for positive justice outcomes.

The Commonwealth Guide to Mediation also highlights various models that have been adopted, identifying emerging areas of innovation and presenting exemplars of good practice, inspiring practitioners to adopt effective mediation strategies.

This comprehensive resource empowers stakeholders to foster harmonious resolutions and relieve the burden on overburdened court systems, positioning the Commonwealth community at the forefront of modern, efficient, and just dispute resolution practices.

As a dedicated advocate for civil and criminal justice reform, the Commonwealth Secretariat reaffirms its commitment to promoting equitable, accessible, and effective justice for all. With the release of the Commonwealth Guide to Mediation, the Commonwealth Secretariat invites all member countries to embrace this valuable tool and collectively pave the way towards a future marked by just and amicable resolutions.

Read the guide

Media contact

  • Communications Division, Commonwealth Secretariat
  • +44 20 7747 6476   |   E-mail