The uncitral model law on international commercial conciliation – An interview with Jernej Sekolec

• Main Author: ALEXANDER, Nadja
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2004
• Subjects: Commercial Law; International Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/2252
• Institution: Singapore Management University

UNCITRAL treaded lightly on this issue. The general philosophy of UNCITRAL is toavoid over-regulation and rigid procedural recommendations. We are dealing with internationalmediation. It is referred to by various terms, including conciliation, but there is no difference inthe essential concept, at least from the legislative point of view. The Intergovernmental WorkingGroup that prepared the Model Law on Conciliation (MLC) was conscious that the Model Lawwould need to be grafted on an existing legal system in any given country. There will, in fact, bea number of legislative rules in existing legal systems that will complement the body of theModel Law. So we were aware that we did not have to regulate everything. We just regulatedthe primary pillars of mediation. The reasons for this were, firstly, that the Model Law is part ofa larger picture of international dispute resolution and, secondly, we believed that at this stage inthe development of mediation procedural regulation would not be beneficial. I believe that thedevelopment of quality in mediation should come from education and promotion rather thanthrough procedural safeguards.