Mediation and appropriate dispute resolution

• Main Authors: ALEXANDER, Nadja, CHONG, Shou Yu
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2020
• Subjects: international mediation; dispute resolution; Singapore; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3298; https://ink.library.smu.edu.sg/context/sol_research/article/5256/viewcontent/SSRN_id3742559.pdf
• Institution: Singapore Management University

2019 was a significant year for mediation. On 7 August 2019, 46 states – an unprecedented number – came together in Singapore to sign the United Nations Convention on International Mediated Settlement Agreements Resulting from Mediation (“Singapore Convention”). The Convention, which comes into force on 12 September 2020, provides a legal framework for the recognition and enforcement of mediated settlement agreements across borders and thereby addresses one of the major criticisms of international mediation, namely, the lack of an internationally recognised expedited enforcement mechanism. The Singapore Convention aims to be for mediation what the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is for arbitration. The Singapore Convention casts an even brighter spotlight on Singapore as a mediation and dispute resolution hub; with this attention comes increased interest in Singapore’s jurisprudence on mediation and other forms of appropriate dispute resolution (“ADR”).It is therefore timely to introduce a chapter on mediation and ADR to the Ann Rev. In terms of scope, this chapter will not deal with arbitration unless it forms part of a mixed mode dispute resolution process, which has mediation as an element. Further, the authors note that the body of jurisprudence on mediation and ADR-related subject matter is evolving. Thus, the categories of cases in this chapter will develop accordingly. In this inaugural chapter, the authors offer a review of cases in three categories. First, cases on the recognition and enforcement of negotiated and/or mediated settlement agreements are examined. Next, cases which address issues in mediation and ADR practice and ethics are reviewed. Finally, the authors consider cases dealing with civil procedure aspects of mediation, including disclosure of mediation evidence and the apportionment of costs.