Mediation and Arbitration

Question 1

What is mediation

Answer 1

A trained neutral mediator assists in working towards a negotiated agreement.
ultimate control of the parties to make a negotiated settlement
Not only concerned with their interests but also their rights
Non adjudicative
Huge degree of autonomy
Encourages communication between the parties

Question 1

Pros of mediation

Answer 1

No need to aworry about looking weak
Prodces higher settlement rates

Question 2

Cons of mediation

Answer 2

May distrupt the arbitration proceedings
If mediation is bought on too early, issues may not have been substantiated

Question 3

Can non-compliance with escalation clauses impact arbitration

Answer 3

Normally the pre-arbitration steps can be enforceable as they are sufficiently certain

Question 4

Whats the general rule of arb med in relation to confidentality and privillege

Answer 4

The general rule is that they’re subject to the same privilege as settlement

Question 5

What are the exceptions to settlement privvilege

Answer 5

If theres a need to show that settlleent has been made
If need to show tht agreement should be set aside due to fraud misreprenetation
If an agreement is being used/ settlement is being used to hide perjury or blackmail

Question 6

What are the benefits of arb med

Answer 6

Best of both worlds
Save costs and time
Settlement will be more easily enforced

Question 7

Disadvantages of arb-med

Answer 7

Is a good mediator a good arbitrator
Issues in relation to PF/privvilge and confidentiality

Question 8

Singapore convention on mediation

Answer 8

Provides framework and guidelines for international settlement agreements.
Courts will give effect to the settlement
57 countries signed, only 14 ratiied