is this the Big Bang?

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.

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