Tag results for 'United Nations'

Introduction of the UN Convention on International Settlement Agreements Resulting from Mediation - Third Piece in the International Framework of Dispute Resolution

From modest beginnings and expectations of the process of commercial mediation in the 1970s and the work of Professor Frank Sander, mediation has grown in application internationally, culminating in the introduction of the United Nations Convention on International Settlement Agreements Resulting from Mediation known as ‘the Singapore Convention on Mediation’ (‘the Convention’ or ‘SMC’). Mediation is described in the UN Commission on International Trade Law (UNCITRAL) Model Law as ‘… a process, whether referred to by the expression mediation, conciliation or an expression of similar import, whereby parties request a third person or persons (“the mediator”) to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship. The mediator does not have the authority to impose upon the parties a solution to the dispute’. The definition is broad and allows for use across jurisdictions and differing cultural contexts; however, one of the novel features of this convention relates to the conduct of the mediator, in the sense that the mediator’s conduct can affect the enforceability of a settlement agreement. This factor and the central tenets of this convention are examined in this article as is the framework for international settlement agreements in the context of international trade and commerce.

Released on Jun 3, 2021