Civil Mediation Council (CMC) has published its Draft Code of Professional Practice for Mediators

The Civil Mediation Council (CMC) has launched a consultation on its new Draft Code of Professional Practice for Mediators, with responses invited by 14 April 2026. The Draft Code is intended to set out the standards expected of mediators and mediation organisers in England and Wales. 

Why does this matter for potential litigants?

Mediation is no longer a peripheral option in civil disputes. Since Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 and subsequent case law, courts not only actively encourage, but can even require, parties to engage with Alternative Dispute Resolution (“ADR”) procedures such as mediation, provided this does not ultimately impair the right to a fair trial. An unreasonable failure to engage in ADR can adversely impact a party to litigation. The Civil Procedure Rules have also been updated to reflect this shift. 

For potential litigants, this means: 

• mediation is increasingly likely to be part of the litigation journey, whether chosen voluntarily or prompted by the court; and
• where mediation is strongly encouraged or expected, there may be greater focus on the quality, independence and professionalism of mediators.

The Draft Code is designed to support confidence in mediation at a time when involvement in ADR is expected and scrutiny of mediation processes is likely to increase.

What does the Draft Code cover?

The Draft Code is principles‑led, rather than prescriptive, and is intended to guide professional judgment. It sits alongside the CMC’s existing Membership Rules, Standards and Guidance.

In summary, it:

• sets expectations around competence, fairness, integrity and accountability for individual mediators;
• emphasises the need for mediations to be conducted in a clear, balanced and informed way, supporting party autonomy; and
• requires mediation organisations to have robust governance and systems to support safe, high‑quality practice.

Our experience

We regularly advise clients on when and how mediation is likely to be most effective, and on selecting and working with mediators in high‑value and complex disputes. Mediation often results in settlement or, if that isn’t possible, materially narrows the issues in dispute and gives an invaluable insight into an opponent’s case, delivering significant cost savings and strategic progress even where a case does not resolve on the day.

As mediation becomes more embedded in the dispute resolution process, understanding how it is regulated and what standards apply to mediators will be increasingly important for parties engaging with ADR.

Next steps

The CMC is seeking feedback on the Draft Code by 14 April 2026.  Everyone with an interest in mediation is invited to review the draft and share their views. 

Responses can be submitted using the questionnaire on the CMC's website. 

This article was co-authored by Caroline Brown, Elizabeth Pouget, and Stacie Bourton. 

Kelly Stricklin-Coutinho, Chair of the CMC, notes: “This consultation is an important part of the process. We therefore encourage everyone with an interest in mediation to review the draft and share your views, so that the final Code can truly reflect both the expectations of the public and the experience and insight of the profession.”

https://civilmediation.org/wp-content/uploads/2026/02/Code-of-Professsional-Practice-for-Mediators_Draft.pdf