In February 2015, the U. N. Commission on International Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation) will meet in New York to consider the case for a Convention on the recognition and enforcement of international settlement agreements achieved through mediation.
In October and November 2014 the International Mediation Institute (IMI), conducted a short survey of internal counsel and business managers to assist the Working Group’s deliberations. The survey sought to assess the extent to which a mediation enforcement Convention is desired. The results are summarised below.
In total, there were 44 corporate responders of whom 51% were internal counsel and 29% were senior corporate managers. The remaining 20% held other roles. 52% of responders had experience in mediation and 42% had experience in arbitration. Only 5% experienced neither. Half of responders worked for companies with more than 10,000 employees, and 36% of responders were employed by companies with less than 100 employees.
The survey included just four substantive questions. The results with the responses received are set out below:
Would you be more likely to mediate a dispute with a party from another country if you knew that country ratified an UN Convention on the Enforcement of Mediated Settlements and that consequently any settlement could easily be enforced there?
Yes, much more likely – 52.4%
Yes, probably – 40.5%
Could the existence of a widely-ratified Enforcement Convention make it easier for commercial parties to come to mediation in the first place?