As a consequence of the absence of uniform adoption of the Uniform Mediation Act, the confidentiality of mediation communications in various jurisdictions often cannot be assured. Thanks to Alan Waxman, President and CEO of the International Institute for Conflict Prevention and Resolution (CPR), for bringing to our attention the...
The Swiss Chambers' Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019. The text of the new Rules is available here. The new Rules revise those that have been in effect since 2007. Of particular interest are Articles 16 and 17, which provide for the...
New Jersey Governor Murphy has signed into law P.L.2019, c.39, which declares unenforceable any "provision in any... settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment." Moreover, the new law provides that every settlement agreement addressing such claims...
The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.” Informally named the “Singapore Convention,” the instrument has been hailed as a long-sought mechanism to give cross-border disputants the confidence that, if they engage in mediation...
The China Council for Promotion of International Trade (CPPIT) in conjunction with its Hunan Province Sub-Council convened a dynamic Mediation Summit in Changcha, China, on 12-13 September 2018. The first panel discussed implications of the Belt/Road Initiative, announced five years ago. GAO Xiaoli, Deputy Chief Judge of the Civil Tribunal of the...
Deborah Masucci, Chair of the International Mediation Institute, advises: "Yesterday [25 June 2018],during the 51st Session of UNCITRAL, the final drafts were finalized for a Convention on the Enforcement of Mediation Settlements and a Model Law for the same. The drafts are being referred to the Commission for adoption later this...
Last year, New York Law School and the ABA Business Law Section convened all three of the CEOs of the national ADR organizations, plus other leaders, to address persistent issues of lack of diversity in the mediation and arbitration profession. This year, on the afternoon of January 17, 2018, the...