Mediation

  • Values of Mediation: Still Searching 31/08/2019 10:47

    Mediation involves one person daring to insert themselves into other people’s disputes. You can learn what to say and even when to say it. But conflict throws up profound questions that don’t lend themselves to easy answers: What’s my purpose? Do I believe in freedom of choice or fairness of outcome? What’s more important, law or morality? Should I take a lead or let other people run their own lives?

  • 46 States signed new international treaty on mediation 13/08/2019 14:21

    46 States, including the world’s two largest economies, the United States and China, and three of the four largest economies in Asia, China, India and South Korea, met in Singapore today and inked a new international treaty on mediation that will enable the enforcement of mediated settlement agreements amongst the signatory countries. 

  • Mediation Lessons from the Cases – Part 3 25/04/2019 09:28

    Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties.

  • Mediation Lessons from the Cases – Part 2 25/04/2019 09:26

    Although infrequent, court cases against mediators are illuminating, helping us avoid being dragged into court ourselves.

  • Mediation Lessons from the Cases – Part 1 25/04/2019 09:23

    Court cases not only determine issues between litigating parties, they provide guidance for others facing similar situations. For mediators and for disputants alike, they can help us identify and avoid difficulties we might not have previously contemplated.

  • What does good mediation look like? A consumer’s eye-view. 10/04/2019 09:57

    “Like poets, but with less time.”

  • Making Mediation More Attractive For Investor-State Disputes 29/03/2019 11:34

    In recent years, there have been extensive discussions about the use and potential superiority of mediation for these disputes. In this short piece, we address the main concerns against the use of mediation in investor-state disputes, offer some comparisons to the more popular path for investor-state arbitration, and then present several advantages of mediation to encourage its wider use in the international dispute resolution.

  • An Implied Ground for Refusal to Enforce iMSAs under the Singapore Convention on Mediation: The Effect of Article 6 19/02/2019 14:28

    An implied ground for refusal of enforcement could be read into Article 6 of the Singapore Convention. This may be buttressed upon trite private international...

  • Why Don’t We Mediate the “Big” Disputes? 25/10/2018 09:27

    Mediation makes some pretty bold claims for itself: the ability to resolve disputes in a way that is less costly, less time-consuming and more satisfying that adjudicative processes. If that’s so then why is it so rarely used on the “big” disputes?

  • Vietnam Series: Mediator’s Settlement Proposals – A View From Vietnam 01/08/2018 10:43

    In recent years, Vietnam has boosted its legal framework for commercial mediation. The story began with the promulgation of the new Civil Procedure Code 2015 whose Chapter 33 serves as the legal

  • Decree No. 22/2017/ND-CP on Commercial Mediation 12/12/2017 16:09

    Accordingly, this Decree prescribes the scope, principles, order and procedures for dispute resolution by commercial mediation, commercial mediators...

  • Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward the International Trend? 17/11/2017 14:34

    It is the first legislation on commercial mediation which is inspired by the UNCITRAL Model Law, but includes several local modifications.

  • Advantages of commercial mediation 13/01/2017 10:26

    Mediation procedure is conducted promptly and flexibly; Parties can determine by themselves any person to become mediator as well as place of mediator. Therefore, with such choice, parties can select person whom has expertise knowledge on the issues of the case;

  • What is mediation? 13/01/2017 10:08

    Mediation is the process of negotiating between parties in order to settle the disputes with the help from a third party (called mediator). Mediation shares many similarities with negotiation except one, there is no third party in negotiation guiding other parties through negotiating process.

  • Model Clause 06/11/2014 11:31

    Model Mediation Clause of Vietnam International Arbitration Centre

  • Mediation Costs 29/10/2014 17:45

    When an application for mediation is submitted, the party initiating the mediation shall pay the amount of application fee of VND 2,000,000. The amount shall not be returned in any case.

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