Mediation is negotiation facilitated by a trusted neutral person.
The role of the neutral – the mediator – is to help those involved sort out their issues and arrive at a consensus. That might involve helping parties to finalize an agreement, resolve a dispute, develop effective communications, build or improve relationships, or all of these things. Mediators do not take sides.
Mediation is a confidential process where what was discussed or agreed in private is not disclosed to others without everyone’s agreement.
Where mediation is used to try to avoid or resolve a dispute, and if the mediation does not result in an agreement, the parties can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing.
Usually parties share the task of selecting a mediator and the cost of the mediation.
For a more detailed analysis of the definition of mediation, see Stop Shovelling Smoke – Michael Leathes
Research survey for businesses on the Terms for a Convention on the Enforceability of Mediated Settlements
The International Mediation Institute (IMI) in collaboration with the Institute for Dispute Resolution (IDR) at New Jersey City University conducted a research project to collect information directly from businesses for presentation at the United Nations Commission of Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation). The Working Group is considering whether to adopt a Convention on the enforceability of settlements resulting from international commercial mediation and seeks User input on the issue. The next meeting of the Working Group is in February 2018 in New York City. See the Agenda and Related material at http://www.uncitral.org/uncitral/en/commission/working_groups/2Arbitration.html
The aim of the survey was to explore the views of businesses on whether and how cross-border settlements reached through mediation are enforceable around the world. Delegates to the UNCITRAL Working Group II meetings are interested in this input to help them make informed decisions in their work on such an instrument by having direct input from parties involved in cross-border disputes. The survey instructions directed that it should only be completed by businesses, not their advisers or other third parties, in order to obtain a purely commercial viewpoint
The direct link to the survey is:
https://www.surveymonkey.com/r/IMI-Enforceability-Survey-for-UNCITRAL The Survey was also available to complete in Turkish, Hungarian and Portuguese languages at:
- Turkish: https://www.surveymonkey.com/r/uncitral-anket
- Hungarian: https://www.surveymonkey.com/r/IMI-Enforceability-Survey-for-Uncitral-Hungarian
- Portuguese: https://www.surveymonkey.com/r/Mediacao-comercial-int-exequibilidade-de-acordos-mediacao-pesquisa-int
The collective results of the survey will be presented to the UNCITRAL Working Group II.
All data is presented in the aggregate, and individual responses are confidential. Email addresses, if given in order to receive a copy of the results, will not be shared or disclosed.
If you need any further information and/or have any questions regarding the survey and/or this research project in general, please contact the Research Team at [email protected]
You can read the results of the survey in the following document:
Deborah Masucci, Esq.
Chair of the Board
International Mediation Institute (IMI)
David S. Weiss, Esq.
Institute for Dispute Resolution (IDR)
New Jersey City University School of Business