Publication Type
Journal Article
Version
submittedVersion
Publication Date
8-2020
Abstract
This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi-legal grounds impacting the enforcement of mediated settlements. However, the inherently generalized nature of mediation standards does not render them amenable to contextualized interpretation. More significantly, the courts may adopt the wrong frame when construing mediation standards. It is therefore imperative that the mediation community find ways to bridge frames and facilitate the cross-border understanding of standards.
Keywords
Singapore Convention, mediation standards, enforcement, mediated settlement agreements
Discipline
Asian Studies | Dispute Resolution and Arbitration
Research Areas
Dispute Resolution
Publication
Conflict Resolution Quarterly
Volume
38
Issue
1-2
First Page
27
Last Page
45
ISSN
1536-5581
Identifier
10.1002/crq.21285
Publisher
Wiley
Citation
Dorcas QUEK ANDERSON.
A matter of interpretation? Understanding and applying mediation standards for the cross-border enforcement of mediated settlement agreements. (2020). Conflict Resolution Quarterly. 38, (1-2), 27-45.
Available at: https://ink.library.smu.edu.sg/sol_research/3178
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1002/crq.21285