When disputants successfully resolve their differences at mediation, it is good practice to record the details of their settlement, with clarity and precision, in the form of a mediated settlement agreement (MSA). Ideally, they should also provide a clause for dispute resolution (for instance, a choice of court, arbitration, mediation or multi-tier dispute resolution agreement),…

Are agreements to mediate enforceable? The short (and incomplete) answer is: yes, they may be provided they are drafted appropriately. In this post we review a recent English judgment which sets outs guidelines for the enforceability of agreements to mediate under English law. In August 2019, the Technology and Construction Court of the Queen’s Bench…

Maryam Salehijam, a PhD researcher at the Transnational Law Centre of the University of Ghent, is undertaking research on the familiarity of legal professionals (including lawyers and third-party neutrals) with dispute resolution clauses which provide for non-binding ADR mechanisms such as mediation and conciliation. Maryam’s research focuses on legal professionals from the following jurisdictions: Austria, Australia, England…

On 15 February 2016, the European platform for solving disputes arising out of online purchases (https://webgate.ec.europa.eu/odr)the ODR Platform, based on EU Regulation 524/2013 (the Regulation) was officially launched. The platform enables EU consumers and traders to settle their disputes by putting them in touch with the ADR providers selected by Member States. This platform is…

In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre for ADR, “there’s no earth-shaking new change to the rules”. At the global launch event last Wednesday, ‘simple’ and ‘flexible’…

The new ICC Rules of Mediation were unveiled this week at a global launch in Paris. Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even…