Dispute Resolution

cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Future of mediation, International Law, International Mediation, Legislation, New York Convention, Promoting Mediation, Singapore Convention on Mediation

(Meidanis Seremetakis & Associates)/ /Leave a comment

The forthcoming Singapore Mediation Convention aims at ensuring the international “direct” enforcement of Mediated Settlement Agreements (“MSAs”) worldwide (see the post by Nadja Alexander, on a short description of the Convention). This means that an MSA shall be enforced directly in any Singapore Mediation Convention contracting state, without a prior review or granting of enforcing…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, Legislation, Singapore Convention on Mediation

(Zhong Lun Law Firm)/ /Leave a comment

This post, the second of a two-part series, examines further potential problems of implementing the Singapore Mediation Convention in China and proposes corresponding solutions. The first post in this series considered three potential problems and this second post examines four further potential problems. 4. The SPC should establish an annual reporting system for cases pertaining…

ADR, Brazil, Class action, Dispute Resolution, mediated settlement agreement

(Mediar360 - Dispute Resolution )/ /Leave a comment

On January 25th 2019 Brazil experienced its largest industrial catastrophe, the collapse of a dam from Vale, one of the world’s largest Mining Company. The disaster devastated the town of Brumadinho, in Minas Gerais. It was of such magnitude that, until March 8th, the day I write this post, there were 193 confirmed deaths and…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Legislation, National Mediation Laws, UNCITRAL

(Zhong Lun Law Firm)/ /Leave a comment

On June 26, 2018, the United Nations Commission on International Trade Law (UNCITRAL) approved the final draft of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Mediation Convention” or “the Convention”) at its fifty-first session. The Convention aims to promote international commercial mediation, and to establish a mechanism for the direct…

Developing the Field, Dispute Resolution, Future of mediation, Impasse, Mediation Practice, Negotiation

(Core Solutions Group)/ /Leave a comment

“If you had not held us back that evening, the deal would not have been done.” “Thank you and I wish you well.” In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. The first of the two quotations above comes from a participant in…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Research

(Greg Rooney Mediator)/ /5 Comments

I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up. There are really two distinct questions here. One relates to whether, with enough real-world research, we can put mediation in a nice box with a ribbon around it and…

ADR, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Legal Issues, Singapore Convention on Mediation

, (Singapore International Dispute Resolution Academy)/ /Leave a comment

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…

Communication, Dispute Resolution, mediation process, Mediation Users/Clients, Negotiation, Young Mediators

(Peacekeeping and Conflict Resolution Team)/ /1 Comment

(Written with Advocate Karleen De Mello, Goa, India) I was recently witness to a mediation session during which two seasoned negotiators behaved disappointingly. Why? On the other side was a negotiator, who walked in with a cane, accompanied by her lawyer. From the outset, these two experienced negotiators behaved very awkwardly at the table, with one…

Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Negotiation, Reflective Practice, Research

(Corporate counsel & author)/ /15 Comments

Early in Sir Arthur Conan Doyle’s 1891 short story A Scandal in Bohemia, Sherlock Holmes gives Watson a lecture on the difference between seeing and observing. To test how well Watson understood, Holmes hands him an unaddressed, undated, anonymous letter that had just arrived on the doormat. It announced that an unnamed visitor would shortly…

ADR, Arbitration, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, International Mediation, Legal Issues, Legislation, Mediation Reforms (Legislation, etc.), Singapore, UNCITRAL

, (Singapore International Dispute Resolution Academy)/ /2 Comments

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…