CMC Creating Independent Regulatory Body to Drive Up Mediation Standards

The Civil Mediation Council (CMC) in England and Wales is taking a major step forward in driving up standards in the profession by creating an independent regulatory body and applying for a Royal charter. This news comes in the wake of last year’s Churchill ruling, which has generated interest in judge-led mediation among the bench.

Mediation is currently not a reserved legal activity in England and Wales, and practitioners are not subject to compulsory regulation. However, the CMC is working to change that by setting high standards for its members. Mediators who wish to join the council must meet competence standards, follow a code of conduct, and be subject to complaints and discipline processes.

Rebecca Clark, chair of the CMC, outlined the council’s efforts to ensure high professional standards among its 900-plus members. The CMC has already established an independent complaints process that has dealt with seven complaints, resulting in the removal of three mediators due to serious breaches of confidentiality and dishonesty.

The CMC is now in the process of setting up the Mediation Standards Board, which will advise and develop standards for mediators, mediation trainers, and organizations. This move is seen as a major step forward in integrating all types of mediation under one roof, except for family mediation.

In addition to setting standards for civil and commercial mediation, the CMC will also be publishing standards for community mediators and peer mediators. The council believes that obtaining Royal charter status will have a significant regulatory effect, encouraging mediators to register with chartered organizations.

The Ministry of Justice has also taken steps to promote mediation, making it mandatory in some money disputes worth less than £10,000. This move is expected to free up thousands of sitting days in court and increase the rate of voluntary settlements.

Overall, the push for higher standards and increased use of mediation in England and Wales is seen as a positive step towards improving access to justice and resolving disputes outside of the court system.