Final published version
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Views from the coal face
T2 - the development of international commercial mediation
AU - Clark, Bryan
AU - Sourdin, Tania
PY - 2025/8/10
Y1 - 2025/8/10
N2 - Mediation use in the international commercial area has been the subject of some research and discussion over the past two decades. In the past five years, however, a number of significant changes have resulted in an increased focus on the use of mediation to resolve international commercial disputes. One significant area of potential change has resulted from the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation, New York, 2018). Apart from this change, domestic commercial mediation has increased in a number of jurisdictions as a result of an increased domestic focus on mediation and, in some instances, mandatory requirements to use mediation that are fostered by legislative instruments or contractual requirements. This article explores the potential and actual use of mediation from the perspective of international commercial mediators, their perceptions of barriers to use and ways to expedite growth as well as discussing the perceived benefits and concerns about what has been referred to as the juridification of mediation.
AB - Mediation use in the international commercial area has been the subject of some research and discussion over the past two decades. In the past five years, however, a number of significant changes have resulted in an increased focus on the use of mediation to resolve international commercial disputes. One significant area of potential change has resulted from the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation, New York, 2018). Apart from this change, domestic commercial mediation has increased in a number of jurisdictions as a result of an increased domestic focus on mediation and, in some instances, mandatory requirements to use mediation that are fostered by legislative instruments or contractual requirements. This article explores the potential and actual use of mediation from the perspective of international commercial mediators, their perceptions of barriers to use and ways to expedite growth as well as discussing the perceived benefits and concerns about what has been referred to as the juridification of mediation.
KW - mediators;
KW - international commercial mediation
KW - development
KW - empirical research
KW - interviews
KW - barriers
U2 - 10.53386/nilq.v79i2.1234
DO - 10.53386/nilq.v79i2.1234
M3 - Journal article
VL - 76
SP - 277
EP - 309
JO - Northern Ireland Legal Quarterly
JF - Northern Ireland Legal Quarterly
SN - 0029-3105
IS - 2
ER -