Disputes over interment and cremation: the mediation option

Abstract

This paper discusses the difficult nature of burial and cremation disputes and evaluates mediation as an option for their resolution. Mediation is now generally understood to offer disputants benefits in terms of cost, privacy, and speed. These practical considerations will be of value to the parties to burial and cremation disputes as they are to the parties in many different types of dispute. The focus of this paper is however on the extent to which mediation process and style might be tailored to deal with two predominant elements of burial and cremation disputes: cultural difference and sensitive family relationships. It then goes on to consider how a scheme for the mediation of such disputes might work in practice. The paper concludes that mediation does have the capacity to address the challenges posed by the cultural, emotional and relationship issues in burial and cremation disputes. It argues however that this can only occur if the principle of self-determination is upheld at every level of the process.