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A matter of interpretation? Understanding and applying mediation standards for the cross‐border enforcement of mediated settlement agreements
Author(s) -
Quek Anderson Dorcas
Publication year - 2020
Publication title -
conflict resolution quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.323
H-Index - 21
eISSN - 1541-1508
pISSN - 1536-5581
DOI - 10.1002/crq.21285
Subject(s) - mediation , convention , interpretation (philosophy) , enforcement , settlement (finance) , human settlement , political science , alternative dispute resolution , law , law and economics , frame (networking) , sociology , business , engineering , computer science , telecommunications , finance , payment , programming language , waste management
This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi‐legal grounds impacting the enforcement of mediated settlements. However, the inherently generalized nature of mediation standards does not render them amenable to contextualized interpretation. More significantly, the courts may adopt the wrong frame when construing mediation standards. It is therefore imperative that the mediation community find ways to bridge frames and facilitate the cross‐border understanding of standards.