ABSTRACT
The advocates of mediation have tended to overlook the theoretical debates, focusing instead on the possibilities of the practice, as illustrated and tested by empirical research. Indeed, it is fair to say that the results of the empirical studies carried out on mediation in practice have been far more encouraging than the critical theoretical literature would expect. While such evidence has been the subject of debate and has not always been entirely consistent, mediation has fought a better defence in this area than in the theoretical field. Perhaps it is the case that the advocates of mediation are less concerned with theory and more with practice. This would seem to suggest itself from an examination of the literature surrounding mediation. At any rate, it suffices to say that adherents have shown an interest in, and a concern about, the empirical work carried out to date and for this reason alone it is important that the research features in any review of the practice. Governments have also displayed a keenness to test the assertions of the practice through empirical study. The British Government, in particular, has commissioned work in this field, in order to ascertain whether investment and legislative support are appropriate. While studies have abounded, this chapter concentrates on the findings in England and Wales, chiefly because the development of mediation in that jurisdiction has already been described in detail, and in the United States, where researchers have been most prolific.
