Mediation is a form of alternative dispute resolution (“ADR”) where a negotiation is facilitated by a neutral third party. The key feature of mediation is its voluntary nature. Whether it is used to resolve a family law, employment law, or complex international commercial dispute, mediation is always valuable due to its speed, cost, and ability to maintain relationships between parties when compared to conventional litigation. Despite these benefits, international commercial mediation in particular had previously faced one notable weakness: the lack of enforceability of mediation settlement agreements (“MSA”). The United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation (“Singapore Convention on Mediation”) looks to remedy this problem by providing a mechanism whereby international MSAs are presumptively enforceable. This Note will make the case that although this is a welcomed and overdue change for mediation, the Singapore Convention on Mediation should have been drafted to cover the enforceability of both MSAs and agreements to mediate, rather than just merely the former. Not only will this change make international commercial mediation more viable, but it will also enhance its voluntary spirit.
The Singapore Convention on Mediation: A Brave New World for International Commercial Arbitration,
46 Brook. J. Int'l L.
Available at: https://brooklynworks.brooklaw.edu/bjil/vol46/iss1/5