change your conflict
  • Home
  • About
  • HOW TO CHANGE
    • Separation and Divorce Mediation
    • Marriage Mediation
    • Business Mediation
    • Training
  • VOICES
  • Resources
  • Contact

conflict change
speaks

is this the Big Bang?

7/8/2019

0 Comments

 
Picture
On 7 August 54 countries will meet in Singapore to sign the UNCITRAL Singapore Convention on International Agreements resulting from Mediation. Once three countries have signed the Convention it will be available for ratification.

At the National Mediation Conference in Canberra earlier this year, I suggested that this could be a Big Bang for mediation in the same way that the New York Convention changed the landscape for arbitration.

Many practitioners argue that the credibility given to mediation by the Convention should encourage parties to mediate their commercial disputes.

What are the key points?
  • a mediated settlement agreement ("MSA") is presented to the court of a signatory country then the court is required to recognise and enforce the MSA
  • the MSA must be the result of a mediation - although the wording is broad and inclusive
  • the dispute must be international e.g. each party has their place of business in a different country
  • the dispute must be commercial 
  • the MSA should be in writing; signed by the parties; mediation confirmation and meet documentary requirements of the Convention.
Arguably this is the biggest thing to happen to commercial mediation since whiteboards were invented. 

For further analysis of the potential impact, please refer to my upcoming article in the Australasian Dispute Resolution Journal on the Singapore Convention based on my NMC paper.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Archives

    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    May 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    May 2017
    November 2016

    Categories

    All
    Arbitration
    Business Mediation
    Conflict
    Events
    Family Mediation
    Flow
    Mediation
    Negotiation
    Psychology

    RSS Feed

Privacy Policy
The information contained in this website is for general information only and is provided without any representations or warranties. You should seek independent legal, financial, mental health or other advice in relation to your specific circumstances.

Hours

By appointment only

Email

sala@conflictchange.com

All rights reserved. 2020 Conflict Change Consulting Limited
  • Home
  • About
  • HOW TO CHANGE
    • Separation and Divorce Mediation
    • Marriage Mediation
    • Business Mediation
    • Training
  • VOICES
  • Resources
  • Contact