Commercial Mediation

“The road to hell is paved with good intentions” was a saying I heard quite a few times while growing up, as another childhood wheeze bit the dust. I returned to it while reading Michal Sandel’s…

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed…

Just recently (November 4th), hackers attacked Brazil’s Superior Court of Justice (Superior Tribunal de Justiça - STJ). Not only they had access to the Court’s system and encrypted its entire…

Under Section 68 of the New South Wales Retail Leases Act, and in other Australian jurisdictions, parties to a commercial lease dispute may not sue until the applicant has obtained a certificate that…

Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state…

The introduction of the Singapore Convention on Mediation (SCM) last year has intensified the long-standing debate on professional mediator standards. A previous blog post called for China to…

Settlement agreements reached through mediation are mere contracts and not court decisions. As such, and in the absence of a statutory framework, enforcement of mediated settlements can only be…

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about…

On this day, the Singapore Convention on Mediation comes into force. You can view the ratification ceremony here.. At the time of writing, there are 53 State Parties to the Convention, six of which…