Set Aside a Mediated Agreement

lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, United States

(Strategic Resolution)/ /Leave a comment

Good Faith is part of the Mediator’s mantra. Our opening addresses are full of it and it is something we regularly remind parties and their lawyers is an important element in rebuilding fractured relationships and achieving durable resolution. But sometimes it becomes obvious that Good Faith is missing in action. A very useful new article…

'Money-only' Cases, Accreditation, ADR, Appointment of Mediators, Argument, Australia, caucus, Clients, Commercial Mediation, Conflict, Court Procedure and Litigation, Creativity, Dispute Resolution, Evaluative Mediation, Impasse, Interests, Joint Sessions, Judges as mediators, Lawyers, lawyers in mediation, Legal Issues, Litigation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Preparation, Set Aside a Mediated Agreement, Settlement Agreements, shuttle mediation, Success in mediation, The role of the mediator, Time Pressure, Understanding mediation

(Strategic Resolution)/ /Leave a comment

  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…

Enforcement, Legal Issues, mediated settlement agreement, Mediation Outcomes, Mediation Practice, Set Aside a Mediated Agreement, Settlement Agreements, Singapore

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

As the practice of cross-border mediation grows, it is imperative for legal and other professional advisers involved in drafting mediated settlement agreements (MSAs) to become familiar with how different courts deal with litigation about MSAs. In this post, we look at a recent 2019 decision of the Singapore High Court, Jumaiah bte Amir and Another…

Appointment of Mediators, Experience, Legal Issues, Litigation, mediated settlement agreement, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediator liability, Mediators’ Conduct, Set Aside a Mediated Agreement, Settlement Agreements, The role of the mediator, Tips, Uncategorized, War Stories

(Strategic Resolution)/ /Leave a comment

Although infrequent, court cases against mediators are illuminating, helping us avoid being dragged into court ourselves. Here’s an example In Tapoohi v Lewenberg & Ors (No 2) [2003] VSC 410, the Supreme Court of Victoria, Australia, considered it arguable that a mediator owes a duty of care to the disputants. The mediated dispute This was…

Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, Legal Issues, mediated settlement agreement, Mediation Outcomes, Mediation Practice, mediation process, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /1 Comment

In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we…

Mediation Practice, Set Aside a Mediated Agreement, Settlement Agreements

(Weiler ADR Inc.)/ /Leave a comment

Let me climb off my usual soap box this month and focus on more mundane matters primarily of interest to mediators (and lawyers) in my jurisdiction. A recent decision of the Ontario Superior Court illuminates the approach a judge will take when a party calls into question the enforceability of their settlement agreement. Generally, the…

ADR, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Lawyers, lawyers in mediation, Legal Issues, mediated settlement agreement, Mediation Practice, Reflective Practice, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /4 Comments

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…

ADR, cross-border mediation, Dispute Resolution, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, Future of mediation, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, New York Convention, Online Mediation, Public Policy, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Training, UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation, user perspectives

(International Mediation Institute)/ /Leave a comment

The next session of the UNCITRAL Working Group II that will continue to consider whether there should be a convention to enforce commercial cross-border mediation settlements will be in Vienna, Austria the week of September 19, 2016. On September 21, there will be a free evening program when 2 panels will answer questions relating to…

ADR, ADR Clauses, Clients, Commercial Mediation, Confidentiality and Transparency, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Lawyers, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Act, Mediation Agreement, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy, Practical Challenges for Mediators, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Trade, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted? Say your client is a multinational corporation doing business with numerous organizations around the globe. Your…

ADR, International Mediation, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Reform, Set Aside a Mediated Agreement, Settlement Agreements, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /1 Comment

STOP PRESS For one more week only you have the chance to have your say on the enforcement of cross-border mediated settlement agreements. I encourage each and every one of you to offer your input. Two surveys will be gathering input from dispute resolution professionals and others on the challenge of enforcing settlement agreements across…