Enforcement

Confidentiality, Court Procedure and Litigation, Enforcement, Legal Issues, Legislation, Mediation Practice, Mediation Skills, Mediator liability, Mediators’ Conduct, Practical Challenges for Mediators, Regulation

(Strategic Resolution)/ /Leave a comment

The recent post by Ting-Kwok IU examined the Hong Kong Ordinance designed to protect children from abuse and to protect some professionals (excluding mediators) for reporting such abuse. This has put me in mind of section 316  of the New South Wales Crimes Act, which makes it a crime for an adult who fails, without…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Commercial Mediation, cross-border mediation, Cross-cultural, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement

(Lutran Avocats & Mediation) and (Attorney & Lecturer, Sorbonne University)/ /Leave a comment

Settlement agreements reached through mediation are mere contracts and not court decisions. As such, and in the absence of a statutory framework, enforcement of mediated settlements can only be carried out voluntarily by the parties. Failing which, the aggrieved party must enter into a court or arbitral process through which the defaulting party is compelled…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Investor-state mediation, Promoting Mediation, Research

(University of Sydney Law School)/ /2 Comments

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to growing discontent about the option of investor-state arbitration (ISA) typically offered by host states in international investment treaties, to make substantive commitments (like non-discrimination) more…

ADR Clauses, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of an ADR Clause, Europe, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Agreement

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

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…

Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Singapore Convention on Mediation

(Tahota Law Firm)/ /1 Comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) makes a huge contribution to the success of international arbitration by providing tools for global enforcement of arbitral awards. To that end, international mediation has been underused because of the lack of necessary international enforcement mechanisms of mediated settlement agreements….

ADR, Enforcement, Legal Practice, Litigation, Mediation Outcomes, Singapore, Singapore Convention on Mediation

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

The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a…

Enforcement, Enforcement of a Mediation Clause, mediated settlement agreement, Settlement Agreements, Singapore, Singapore Convention on Mediation

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

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal…

Enforcement, Mediation Practice, Mediation Reforms (Legislation, etc.), Settlement Agreements

(ADR Center Romania)/ /5 Comments

Two weeks before the Singapore signing ceremony of the UN Convention on International Mediated Settlement Agreements Resulting from Mediation, the Romanian Parliament adopted modifications to the Romanian Mediation Law according to which, among many other new provisions, the mediation agreement will be enforceable title in Romania if signed by parties’ lawyers. With this modification, it…

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

(Zhong Lun Law Firm)/ /Leave a comment

In Part I, I introduced and responded to concerns relating to China’s legal and judicial system if China signs the Singapore Mediation Convention. This part will focus on other concerns relating to the interests of various bodies of China. 1. Concern over possible harm to the interest of Chinese companies In recent years, the number…