Lawyers' perspectives on ‘what is court-connected mediation for?’

Rundle, Olivia

doi:10.1080/09695958.2012.752150

Cited by 4 publications

(1 citation statement)

References 6 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…101 This view is supported by Rundell's research into court connected mediation in the Supreme Court of Tasmania finding that lawyers often held a preference for pursuing outcomes based on legal norms. 102 It has also been found that lawyers may adversely influence the ability of parties in mediation to reconcile with each other. 103 The potential for affording greater prominence to the role of lawyers is especially troubling in the context of international commercial disputes.…”

Section: The Further Juridification Of Mediationmentioning

confidence: 99%

The Singapore Convention: A Solution in Search of a Problem?

Clark

Sourdin

2020

NILQ

View full text Add to dashboard Cite

This paper explores the purpose and efficacy of the United Nations Convention on International Settlement Agreements Resulting from Mediation (‘Singapore Convention’ or ‘Convention’). The Convention’s genesis was premised on the notion of alleviating the enforceability issues that are annexed to settlement agreements arising from cross-border mediation (IMSA). While such enforceability issues are not entirely unfounded, the way in which the Convention has been drafted to address such issues has been the subject of criticism. In view of such criticisms, this paper explores the empirical research upon which the Convention’s introduction is based and queries whether the structure of the instrument heralds an unnecessary juridification of the mediation process. In particular, a close review of the research highlights the unintended consequences that can flow from the Convention’s uptake, suggesting that the introduction of the Convention may lead to an increase in issues pertaining to IMSA enforcement. It is in this context in which this paper submits that the Convention may be regarded as a solution in search of a problem.

show abstract

Section: The Further Juridification Of Mediationmentioning

confidence: 99%