International Enforceability of Mediated Settlement Agreements: Developing the Conceptual Framework
When two parties engage in mediation to resolve a dispute, they often reach a settlement agreement that outlines the terms of their agreement. However, questions may arise about the enforceability of that agreement if it is an international matter. In recent years, there has been an increasing focus on developing a framework for ensuring the international enforceability of mediated settlement agreements.
The United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), which entered into force on September 12, 2020, provides a framework for the enforcement of mediated settlement agreements in a cross-border context. The Convention applies to settlement agreements resulting from mediation that are concluded in writing, and relate to a commercial dispute.
The Convention provides a mechanism for the recognition and enforcement of mediated settlement agreements in different countries. It establishes a framework for mediation that is intended to supplement existing international agreements and facilitate the enforcement of mediated settlement agreements.
The Convention has been signed by 53 countries, including the United States, China, and Singapore, and its provisions will apply in these countries. It is expected that additional countries will become signatories to the Convention in the coming years.
In addition to the Singapore Convention, there are other methods for enforcing mediated settlement agreements that are used in the international context. These include the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which provides for the enforcement of arbitral awards in different countries.
The Hague Convention on Choice of Court Agreements is another international agreement that can be used to enforce mediated settlement agreements. This Convention allows parties to determine the court that will have jurisdiction over their dispute, and provides for the recognition and enforcement of judgments issued by the chosen court.
Developing a framework for the international enforceability of mediated settlement agreements is essential for promoting the use of mediation as a method of dispute resolution. The Singapore Convention and other international agreements provide a mechanism for parties to ensure that their mediated settlement agreements are enforceable in different countries, increasing confidence in the process and promoting its use.
In conclusion, the international enforceability of mediated settlement agreements is a key concern for parties in cross-border disputes. The Singapore Convention and other international agreements provide a framework for ensuring the recognition and enforcement of these agreements in different countries. As more countries become signatories to these agreements, the use of mediation as a method of dispute resolution will continue to grow. As a professional, I recommend that this article be optimized with relevant keywords such as “international mediation,” “cross-border disputes,” and “enforceability of mediated settlement agreements.”