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1.
Definitions
Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’?To read more
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2.
Mediation models
What is the history of commercial mediation in your jurisdiction? And which mediation models are practised?To read more
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3.
Domestic mediation law
Are there any domestic laws specifically governing mediation and its practice?To read more
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4.
Singapore Convention
Is your state expected to sign and ratify the UN Convention on International Settlement Agreements Resulting from Mediation when it comes into force?To read more
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5.
Incentives to mediate
To what extent, and how, is mediation encouraged in your jurisdiction?To read more
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6.
Sanctions for failure to mediate
Are there any sanctions if a party to a dispute proposes mediation and the other ignores the proposal, refuses to mediate or frustrates the mediation process?To read more
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7.
Prevalence of mediation
How common is commercial mediation compared with litigation?To read more
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8.
Accreditation
Is there a professional body for mediators, and is it necessary to be accredited to describe oneself as a ‘mediator’? What are the key requirements to gain accreditation? Is continuing professional development compulsory, and what requirements are laid down?To read more
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9.
Liability
What immunities or potential liabilities does a mediator have? Is professional liability insurance available or required?To read more
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10.
Mediation agreements
Is it required, or customary, for a written mediation agreement to be entered into by the parties and the mediator? What would be the main terms?To read more
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11.
Appointment
How are mediators appointed?To read more
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12.
Conflicts of interest
Must mediators disclose possible conflicts of interest? What would be considered a conflict of interest? What are the consequences of failure to disclose a conflict?To read more
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13.
Fees
Are mediators’ fees regulated, or are they negotiable? What is the usual range of fees?To read more
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14.
Counsel and witnesses
Are the parties typically represented by lawyers in commercial mediation? Are fact- and expert witnesses commonly used?To read more
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15.
Procedural rules
Are there rules governing the mediation procedure? If not, what is the typical procedure before and during the hearing?To read more
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16.
Tolling effect on limitation periods
Does commencement of mediation interrupt the limitation period for a court or arbitration claim?To read more
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17.
Enforceability of mediation clauses
Is a dispute resolution clause providing for mediation enforceable? What is the legal basis for enforceability?To read more
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18.
Confidentiality of proceedings
Are mediation proceedings strictly private and confidential?To read more
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19.
Success rate
What is the likelihood of a commercial mediation being successful?To read more
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20.
Formalities
Must a settlement agreement be in writing to be enforceable? Are there other formalities?To read more
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21.
Challenging settlements
In what circumstances can the mediation settlement agreement be challenged in court? Can the mediator be called to give evidence regarding the mediation or the alleged settlement?To read more
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22.
Enforceability of settlements
Are there rules regarding enforcement of mediation settlement agreements? And on what basis is the mediation settlement agreement enforceable?To read more
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23.
Duty to stay proceedings
Must courts stay their proceedings in favour of mediation?To read more
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24.
Other distinctive features
Are there any distinctive features of commercial mediation in your jurisdiction not covered above?To read more
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Updates and trends
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