In November 2013, the Ministry of Law Working Group on International Commercial Mediation delivered its report on developing international commercial mediation in Singapore. Amongst the key recommendations in this report were the creation of a mediation service provider for international matters (the Singapore International Mediation Centre), the creation of a mediation accreditation body (the Singapore…

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It is the year 2036. The 26th Investment Arbitration Day is held in Prague. Good a half of the discussions is dedicated to different issues related to mediation of the investment disputes. They are, however, not regarded as an outlandish, but rather as an up-to-date topic. Indeed, there is only a couple of BIT and…

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a…

One of the most interesting developments in business dispute resolution over the last decade is the way in which different methods of resolution are being harmonized. The EU Directive on Mediation is one example of this phenomenon, as well as several comprehensive early case assessment and conflict management programs rolled out by multinationals across their…

This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Signed in 1215, it remains one of the most famous documents in the world, and central to the British constitution. In mediator parlance, it is a “settlement agreement”. It came into being as a compromise between King…

In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

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…