Access To Justice

Spotlight On India: Mediation Reform And The Big Implementation Problem

Spotlight On India: Mediation Reform And The Big Implementation Problem

The mediation movement in India has had strong supporters who have tirelessly worked on setting up court-annexed centres and starting the conversation on mediation for over two decades now. India, today, has accelerated reform in the commercial dispute resolution space starting with the arbitration ordinance, bankruptcy laws on specialised tribunals and now the Commercial Courts (Amendment) Ordinance, 2018 (‘CCA’) which introduces ‘pre-institution mediation’. Continue reading →

Posted by Ishana Tripathi in GPC, News
Ask An Expert, CDRC 2018 Edition: Aled Davies

Ask An Expert, CDRC 2018 Edition: Aled Davies

What is your background, how did you get into the field?

I came into mediation via an unconventional route. As a commercial diver and budding entrepreneur I started a diamond mining company in Southern Africa but the transition from mining to mediation happened by chance when a good friend recommended I join a mediation training course in Cape Town before heading up into conflict-ridden regions of Africa. Like most who stumble into mediation, I experienced that Ah-ha moment that stayed with me throughout my time in Angola and sparked my interest in mediation when I returned to London.

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Posted by Ruxandra Gheorghe in Ask An Expert, GPC
Ask An Expert, CDRC 2018 Edition: Jes Lothman

Ask An Expert, CDRC 2018 Edition: Jes Lothman

When did you first become interested in mediation?

We mediate every day—formally and informally. I have been mediating informally between divorced parents since I was young and I think this laid a foundation for my formal interests throughout the course of my education. In grade school, I volunteered to be a peer mediator and participated in my first mediation training. I can still recall early lessons on how to remain neutral. Later, during law school, I decided to pursue a certificate in ADR. I committed to studying these processes because I believe they can be more effective and efficient than using an adversarial legal system and can foster healthier relationships after a dispute.

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Posted by Ruxandra Gheorghe in Ask An Expert, GPC
Autonomy Of The Parties And The Mediation Convention

Autonomy Of The Parties And The Mediation Convention

The United Nations Convention on International Settlement Agreements Resulting from Mediation (hereinafter “the Mediation Convention”) and the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (hereinafter “the Model Law”), which was concluded by UNCITRAL at the beginning of July 2018, are two valuable developments for the international commercial mediation field.

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Posted by Ruxandra Gheorghe in GPC, Opinion
George Lim Discusses The New Singapore Mediation Convention

George Lim Discusses The New Singapore Mediation Convention

The final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved at the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on June 26 2018 and is to be adopted later this year. The Convention aims to secure the enforceability of settlement agreements resulting from mediation.

We interviewed George Lim, a Singapore-based international mediator who is part of the UNCITRAL Working Group, about the upcoming Convention.

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Posted by Ruxandra Gheorghe in Ask An Expert, GPC
The Singapore Mediation Convention: An Overview

The Singapore Mediation Convention: An Overview

At the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on 25 June 2018, the final drafts for a Convention on the Enforcement of Mediation Settlements and the corresponding Model Law were approved. The drafts are now being referred to the Commission for adoption later this year. This is a huge step in encouraging the use of mediation on an international level, presenting it as a viable alternative to arbitration and litigation for certain disputes.

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Posted by Ruxandra Gheorghe in GPC, News
Ask An Expert: Anil Xavier

Ask An Expert: Anil Xavier

Anil Xavier, President of the Indian Institute of Arbitration & Mediation and practicing advocate in India, speaks about community mediation and the creation of People’s Mediation Centres (PMCs) across India.

What is community mediation and how does it work in India?

Fundamentally, community mediation is a system where neighbours help neighbours to solve problems and resolve disputes. The Indian Institute of Arbitration & Mediation (IIAM) formulated the IIAM Community Mediation Service (IIAMCMS) with the motto “Resolving Conflicts; Promoting Harmony” designed “for the people; of the people and by the people”. The mission of IIAMCMS is to bring justice to the doorsteps of the people and provide an opportunity to participate in prevention and early intervention in conflicts as an alternative to institutional mechanisms. It is intended to promote social harmony and access to justice for the ordinary citizen in a consensual and humanistic way against the background of an adversarial system.

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Posted by Petrina Ampeire in Ask An Expert, GPC

ADR in South Africa: A Brief Overview

Some of the challenges that have faced many countries in Sub-Saharan Africa in the administration of justice can be attributed to the over-reliance on the courts in the resolution of all forms of disputes, even where other forms of dispute resolution would have been more appropriate. South Africa has one of the fastest developing alternative dispute resolution (ADR) systems in Africa. This can be partly credited to the numerous NGOs financed by donors who undertook ADR efforts throughout South Africa before the transition of government during apartheid. One of the most notable NGOs that facilitated ADR mechanisms, is the Independent Mediation Service of South Africa (IMSSA). Read more

Posted by Petrina Ampeire in GPC, News