The Civil Mediation Council has launched a consultation on its draft Code of Professional Practice for Mediators.

Mediation continues to grow as an alternative means of resolving disputes outside the courts. In fact, in recent years, it is no longer merely an attractive option for some parties in certain circumstances: in 2023, the Government introduced a requirement that parties to a case in the Small Claims Track in the County Court (i.e. valued up to £10,000) attend a free mediation appointment before their case can progress to a hearing, with the intention that this requirement will also be introduced in higher value cases. Shortly thereafter, the Court of Appeal ruled that parties can, in certain circumstances, be compelled to engage in Alternative Dispute Resolution, such as mediation.

The growth in the use of mediation has prompted some to argue for statutory regulation of the civil mediation sector so as to maintain standards and promote trust. However, after a consultation, the Government ultimately decided against this, on the grounds that the model of self-regulation employed by organisations such as the CMC was sufficient. Under this model, the CMC’s 900 or so members are required to, among other things, abide by a code of conduct.

As the CMC explains, its draft Code is not intended to set out every step that mediators must take in exercising their functions, nor to operate as a series of prescribed instructions. Instead, it is designed to “guide professional judgment”, focussing on “core principles and high-level professional outcomes supported by expectations (or ‘Elements’) that show how those principles may be demonstrated as a professional”.

The draft Code includes steps that mediators are expected to take to ensure that they maintain the requisite level of skill and expertise; requirements in relation to handling complaints and conflicts of interest; and expectations on how the mediation process should be conducted.

All those with an interest in mediation are encouraged to review the draft Code and share their views.

The consultation closes on 14 April 2026 and can be read here.