The following sections are included: introduction; mediation trends in Singapore; mediation advocacy — a skillset; lack of training available in Singapore; Singapore’s standards; conclusion

https://intapi.sciendo.com/pdf/10.2478/eustu-2022-0023

Summary This paper deals with the Singapore Convention on Mediation from United Nations General Assembly in December 2018 and signed in Singapore on 7 August 2019. Also with the European Union situation, given by the existence of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. EU States haven't signed the Singapore Convention on Mediation. This paper is trying to analyse the two instruments, the Directive as a harmonisation instrument, maybe opening the field of the possible usage of the convention and not existing Regulation unifying the legal ground in the EU. The Singapore Convention on Mediation enters into force six months after deposit of the third instrument of ratification, acceptance, approval, or accession. EU is now in the position, where a decision about new Directive, or maybe the acceptance of the convention must be decided with accordance to all the dilemmas of the Singapore Convention. © 2022 Michal Malacka, published by Sciendo.

The Singapore Convention on Mediation is set to change the landscape of cross-border alternative dispute resolution. It is the first multilateral treaty that advances a legal mechanism promoting the circulation of international mediated settlement agreements (‘iMSAs’) across territorial borders. An iMSA, which has not been ‘transformed’ into a consent arbitral award or court order, falling within the Convention’s scope will enjoy a unique status above and beyond its substance as a contractual agreement between disputing parties to settle conflicts at mediation. The Convention elevates iMSAs to the status of a novel form of legal instrument recognised under international law. It establishes a framework - akin to the New York Convention - for judicial recognition and enforcement of commercial settlement agreements arising from mediation. This chapter examines the key features of the Convention and promotes debate over its potential impact on international construction disputes, which has increasingly favoured mediation in recent years.