This post is part of a series on the UN Convention on Mediated Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation). In previous posts we have outlined the conventional view that Article 5 of the Singapore Convention establishes exhaustively all the possible exceptions to the enforcement of iMSAs that have otherwise have complied…

For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because…

The old guy smiled. His old Corsican eyes showed some understanding…: “How much do you have?” -“I have a ten euro bill and we are leaving tomorrow…” – “OK, boy, deal…but no receipt, right?” Not understanding the shadow economy at the time, I accepted without knowing why is he not willing to give me a…

While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…

[Picture credit: creative commons]

[Picture credit: creative commons] Court cases not only determine issues between litigating parties, they provide guidance for others facing similar situations. For mediators and for disputants alike, they can help us identify and avoid difficulties we might not have previously contemplated. Here’s one example In Robert Samuel McCosh v David A R Williams [2003] NZCA 192,…

Brexit negotiated!

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…

In the house of a poor man, a lizard was accustomed to come to the table and thereby kept himself alive on crumbs. During this time, everything went well with both the animal and the host whose fortune grew. When the farmer became rich, he became angry at the beast. One morning, he wounded it…

Online negotiators are often faced with the challenge of how to overcome barriers on communication. When in real life (or better, when in non digital life) body language, voice tone and appearance enrich the communication process giving more tools for both communicators to express and understand the message, therefore making any negotiation more fluid and…

This blog entry has its origins in two threads of conversation. First, as I write, we are just three weeks out from the 2018 Forum on Online Dispute Resolution, to be hosted by the NZ Centre for ICT Law and Auckland Law School. What has been an annual – even flagship – Forum is now…

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…