Ultima Thule: Prospects for International Commercial Mediation

In this paper, the author will first consider the reasons for the low rates of successful international commercial mediations, and then begin to explore what it might take to encourage the international legal and business communities to embrace mediation for international commercial disputes. Lastly, the author will introduce and examine the new United Nations Convention on International Settlement Agreements Resulting from Mediation (The Singapore Convention on Mediation), in particular its role in promoting the use of international commercial mediation globally.

This paper was presented as the keynote address at the inaugural Schiefelbein Global Dispute Resolution Conference on 18 January 2019, at the Sandra Day O’Connor School of Law of Arizona State University.