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Commercial mediation – a global comparative review

Overview

Mediation, in which a neutral third party assists parties to work towards a negotiated settlement, is an increasingly popular and accepted method of resolving disagreements across the international business world.


Mediation is recognised throughout the commercial world, but there remain differences in how the process is operated in different jurisdictions and, in particular, in how far the legislature or court system will go to compel parties to mediate. This comparative review considers how mediation works across 21 jurisdictions. It asks, for each jurisdiction, the following questions:



  • What is the position of mediation in this jurisdiction?

  • How is a mediation conducted?

  • Is there any obligation on litigants to mediate?

  • Does the court have powers to support a mediation?

  • Does failure to mediate attract adverse cost consequences?

  • Are mediations confidential?

  • How are settlement agreements enforced?

  • Is there a system of accreditation and/or regulatory body for mediators?


For the full guide, click 'View Briefing'.

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