To what extent, and how, is mediation encouraged in your jurisdiction?
Given the substantial time, expense and uncertainty that parties can face in litigation, and the limit to the resources available to the courts for the conduct of litigation, mediation in particular, and other forms of ADR, are strongly...read more
Has your state signed and ratified the UN Convention on International Settlement Agreements Resulting from Mediation or is it expected to do so?
The UK has not signed and ratified the Singapore Convention. However, the Convention can still apply to a mediation that takes place in the UK in circumstances where the commercial settlement agreement satisfies the requirements to be...read more
Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’?
‘ADR’, ‘conciliation’ and ‘mediation’ are not legally defined by UK domestic law. ‘ADR’ is commonly understood to describe all dispute resolution methods other than court proceedings and arbitration. The Civil Procedure Rules generally describe...read more
SCMA – Knowledge Sharing – Conversation with Our Panel Arbitrator: Mr. Jonathan S. Lux
1. How many years have you been an arbitrator? What made you choose arbitration and how does your previous experience help in this regard? I have been an arbitrator for no less than 25 years. I know this because 25 years ago I drove in a classic car rally from Peking...read more
Geopolitical issues, Russia and maintaining ‘business as usual’ with mediation for commercial relationships
A POIGNANT MOMENT IN HISTORY 24 February 2022 will go down in history as a significant turning point following the collapse of the Soviet Union between 1988 and 1991 and, in particular, the pivotal event of the fall of the Berlin wall on 9...read more
UK Government commences open consultation on signing and ratifying the Singapore Convention on Mediation
Image credit: SIMC What is the Singapore Convention and why is it important? Since UNCITRAL opened the Singapore Convention on Mediation (“Convention”) for signature on 7 August 2019, there have been 55 signatories and nine countries have ratified the...read more
Further developments on using mediation as part of multi-tiered dispute resolution clauses
Multi-tiered dispute resolution clauses have been used for many years and the jurisprudence has recently accelerated in their development, to better support their proper practical application. Commonly, there is a pre-requisite when a dispute...read more
Increase the value of ‘winning’ with mediation
One assumes that the parties (both parties) embark upon litigation or arbitration expecting to win – i.e. expecting to succeed with the claim or defence, as the case may be. I make this assumption because I know first hand (having been a partner for many years in a...read more
Using mediation as part of multi-tiered dispute resolution clauses
Multi-tiered dispute resolution clauses have been used for many years now although the jurisprudence has taken time to develop, in order to support their proper practical application. Commonly, there is a pre-requisite when a dispute arises to...read more