Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation?

In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border media...

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Main Author: ALEXANDER, Nadja
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2014
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Online Access:https://ink.library.smu.edu.sg/sol_research/1854
https://ink.library.smu.edu.sg/context/sol_research/article/3806/viewcontent/NudgingUsersCrossBorderMediation_2014_CAAJ_pv.pdf
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spelling sg-smu-ink.sol_research-38062017-03-13T06:02:33Z Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation? ALEXANDER, Nadja In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. Despite the apparent advantages of mediation and the international regulatory activity outlined above, cross-border commercial mediation practice has been slow to develop. At dispute resolution conferences and other get-togethers, mediators and other ADR advocates ask themselves, “Why”? While there is little empirical data to suggest why this is the case, numerous writers offer explanations along the following lines. Users are said to remain cautious about mediation’s effectiveness in the absence of a mature and comprehensive international legal framework to regulate the rights and obligations of mediation participants such as those relating to the enforceability of MSAs. In particular, diversity of enforcement mechanisms for cross-border MSAs is seen as a major obstacle to the development of global mediation practice. 2014-11-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1854 https://ink.library.smu.edu.sg/context/sol_research/article/3806/viewcontent/NudgingUsersCrossBorderMediation_2014_CAAJ_pv.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University cross-border mediation opt-out provisions behavioural economics choice architecture mediated settlement agreements Dispute Resolution and Arbitration
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic cross-border mediation
opt-out provisions
behavioural economics
choice architecture
mediated settlement agreements
Dispute Resolution and Arbitration
spellingShingle cross-border mediation
opt-out provisions
behavioural economics
choice architecture
mediated settlement agreements
Dispute Resolution and Arbitration
ALEXANDER, Nadja
Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation?
description In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. Despite the apparent advantages of mediation and the international regulatory activity outlined above, cross-border commercial mediation practice has been slow to develop. At dispute resolution conferences and other get-togethers, mediators and other ADR advocates ask themselves, “Why”? While there is little empirical data to suggest why this is the case, numerous writers offer explanations along the following lines. Users are said to remain cautious about mediation’s effectiveness in the absence of a mature and comprehensive international legal framework to regulate the rights and obligations of mediation participants such as those relating to the enforceability of MSAs. In particular, diversity of enforcement mechanisms for cross-border MSAs is seen as a major obstacle to the development of global mediation practice.
format text
author ALEXANDER, Nadja
author_facet ALEXANDER, Nadja
author_sort ALEXANDER, Nadja
title Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation?
title_short Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation?
title_full Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation?
title_fullStr Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation?
title_full_unstemmed Nudging users towards cross-border mediation: Is it really about harmonised enforcement regulation?
title_sort nudging users towards cross-border mediation: is it really about harmonised enforcement regulation?
publisher Institutional Knowledge at Singapore Management University
publishDate 2014
url https://ink.library.smu.edu.sg/sol_research/1854
https://ink.library.smu.edu.sg/context/sol_research/article/3806/viewcontent/NudgingUsersCrossBorderMediation_2014_CAAJ_pv.pdf
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