As mediators become more versatile mediating online, the effectiveness of virtual mediation will continue to likely increase.
As mediators become more versatile mediating online, the effectiveness of virtual mediation will continue to likely increase.
The global rise of mediation as an effective mechanism for resolving complex disputes will continue to grow thanks to a new treaty that establishes a global framework for enforcement of settlement agreements resulting from mediation.
On 4 June 2021, Brazil signed the United Nations Convention on International Settlement Agreements resulting from Mediation, also known as the “Singapore Convention on Mediation” (the “Singapore Convention”).
Just like in basketball, mediations have moments of “hang time” – that point where everything is in the air, suspended. In basketball, hang time usually means a slam dunk is about to happen; for mediations, though, this can become a slam funk.
Former Supreme Court judge Goh Joon Seng, who had served on Singapore’s Council of Presidential Advisers (CPA) for more than a decade, died of cancer on Tuesday afternoon (June 15).
It is not always automatically bad if the parties at the mediation table are not diverse, because it might for example just be coincidence. It is problematic however, if diversity was hindered and people faced disproportionate or intentional obstacles to keep them away from the table.
One area of innovation is the continued development and adoption of the Singapore Convention on Mediation (“Singapore Convention”), which if ratified more widely in the coming years will provide an enforceable framework for international mediation.
In Asia Pacific, we have already witnessed changes in the judicial systems to adapt to the new “norm.” While the circumstances present many challenges, there are also considerable opportunities for those who are set to renew and reinvent. What, then, does this mean for the future of disputes?
Regarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange.
Mediators do not render decisions but rather work to draw parties together by eliminating obstacles to communication and guiding the process away from confrontation and towards reconciliation.