From Skepticism to Reality-The Path to the Convention for the Enforcement of Mediated Settlements

Authors

Deborah Masucci

Abstract

The United States Delegation to the United Nations Commission on International Trade Law's ("UNCITRAL") Working Group II submitted a proposal for the Convention for the Enforcement of Mediated Settlements ("Convention") in May 2014. The proposal was met with skepticism. Delegates questioned the necessity of a convention citing past discussions where similar proposals were tabled. Some commentators went so far as to call the proposal the "Mediators Full Employment Act." Despite the pushback, the Working Group II decided to proceed with discussions to determine what a convention would look like while gathering more information from business users about the need for a convention. What followed can only be described as multi-party cross-border mediation.

Clearly the mediation community supported a convention. The real interest was to find out whether there is a business interest for a convention. Surveys were scoured to examine viewpoints and new surveys were launched to measure interest including the Global Pound Conference Series. So what information was gathered and how did the process unfold, and what impact will the Convention have on the practice of mediation globally?

Disciplines

Commercial Law | Dispute Resolution and Arbitration | Education Law | International Law | Law

Recommended Citation

Deborah Masucci, From Skepticism to Reality-The Path to the Convention for the Enforcement of Mediated Settlements, 20 Cardozo J. Conflict Resol. 1123 (2019).
Available at: https://larc.cardozo.yu.edu/cjcr/vol20/iss4/12