International Journal of Online Dispute Resolution

Article

Beyond the Singapore Convention

The Importance of Creating a ‘Code of Disclosure’ to Make International Commercial Mediation Mainstream

Keywords Singapore Convention, mediation, expectations, enforcement, commerce, international
Authors Ana Maria Maia Goncalves, François Bogacz en Daniel Rainey
Author's information

361231 Ana Maria Maia Goncalves
Ana Maria Maia Goncalves is Founder and President, ICFML (Instituto de Certificação de Mediadores Lusófonos).

361234 François Bogacz
Francois Bogacz, Swiss Centre for Affective Sciences, University of Geneva, Computer Vision and Multimedia Laboratory, University of Geneva, Battelle Campus and Melbourne Business School.

361237 Daniel Rainey
Daniel Rainey, National Center for Technology and Dispute Resolution, The International Council for Online Dispute Resolution and InternetBar.Org.
  • Abstract

      On 6 August 2019, the Singapore Convention on Mediation was announced. The Convention parallels the New York Convention for arbitration by moving to legitimize mediation as a dispute resolution method for international commercial transactions. The Convention tries, in particular, to address the enforceability of mediation settlements by referring to the application of mediation ‘standards’ in Article 5 (e). Mediation standards have been a controversial topic in professional circles since the rise of mediation as an alternative dispute resolution process, because of the extreme diversity of mediation approaches across the world. We argue that all stakeholders in the mediation ecosystem should focus on creating a ‘Code of Disclosure’ as a complement to the Singapore Convention, that such a ‘Code of Disclosure’ may be the first step towards a future ‘Uniform Code of Conduct’, and that a code of disclosure will bring certainty to parties about the international commercial mediation process, which is a key prerequisite for its true adoption.

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