Social and Behavioral Sciences Commons^™

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …

Mediators’ Self-Perception Of Their Work And Practice: Content And Lexical Analysis, Anne Pignault, Raymond Meyers, Claude Houssemand

The Qualitative Report

Mediation is increasingly used in various areas of society. Yet few studies have shed light on the unique work of mediators and their perception of the “mediator effect” on the process. The purpose of this qualitative study is to gather and compare mediators’ views about their work through feedback on their practices and to understand what they perceive as the bases for reaching a favorable outcome. This article presents the results of a content analysis of interviews with 13 mediators from different countries and cultures. The analysis grouped professional discourses into four areas: the process of the mediation meeting, mediation …

Five Things I Learnt This Year (And Should Have Known Already), Geoff Sharp

Geoff Sharp

Geoff Sharp reflects on 2008 and the lessons learnt as a jobbing mediator

I Know It's Not My Problem... But It Happened On My Watch, Geoff Sharp

Geoff Sharp

It is at some risk that I set out to promote my expertise in the area of what to do when mediation ends in disagreement.

Nevertheless, I dread those times when the smell of napalm hangs in the air as the parties depart the room with their final exchanges of the ‘see you in court’ variety ringing in my ears.

To assist my investigation of what we do as mediators when destination Yes eludes us, I polled a number of experienced commercial mediators. I am indebted to my friends from Bond University in Queensland, Australia and colleagues from the International …

Where Angels Fear To Tread, Geoff Sharp

Geoff Sharp

The Tricky Matter of How a Commercial Mediator Shows Respect for the Attorney/Client Relationship...

Those of us who were lawyers in a previous life and are now mediators, or those of us who dabble in both worlds, will know that there is a sensitivity surrounding the whole question of the mediator and the attorney / client relationship. This tension is largely unspoken but it is nevertheless an anxiety for most attorneys as they head into a mediation session.

In Praise Of Joint Sessions, Geoff Sharp

Geoff Sharp

This paper deals with the increasing trend amongst mediators to do away with a joint session (where the parties meet face-to-face) at mediation in favour of meeting with the parties privately and adopting a shuttle mediation model.

This is an especially topical debate amongst mediators with some advocating that a purely private session or caucus model of mediation where the parties never meet saves time and is what the market now requires. This compares with other mediators resisting the demise of the joint session, saying it is at the heart of what mediators do and of what mediation is.

For …