“Nothing is more powerful than an idea whose time has come.” (V. Hugo) Slightly over a year ago, the United Nations Commission on International Trade Law (UNCITRAL) started working on an instrument to address enforcement of conciliated settlement agreements. Conceived as a mediation equivalent of the 1958 New York Convention, the proposed instrument would put…

Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from “that’s an interesting idea” to “it has nothing whatever to do with it”. At a conference earlier this year a senior lawyer claimed he could count…

Once again, we find ourselves on the eve of the annual ICC Commercial Mediation Competition which is about to kick off in Paris, France next week. Last year I posted 10 tips for participants, one of the most important being that mediation remains an oral sport, and the most effective counsel and parties in real…

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…

I would like to spend this month’s entry reporting on the recent developments in the Singapore Court of Appeal. The case of Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur [2014] SGCA 37 make a number of pronouncements about the status of settlement agreements brought about by mediation in the context of the division…

Hockey is a deeply ingrained part of the Canadian identity so it’s not surprising that the Country has been abuzz this week around the question: “Has a high profile 10-year old case been settled through mediation or not?” The case, Moore v. Bertuzzi et al,  arose from events that occurred during a National Hockey League…

Earlier this month the Supreme Court of Canada issued its unanimous decision in Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35. The reasons of Mr. Justice Wagner deal with an unfortunate situation in which Bombardier, which had been suing Union Carbide for more than a decade seeking CAN$30 million  related to allegedly defective…