Encouraging mediation to settle disputes

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 Encouraging mediation to settle disputes

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• UNCITRAL: Resolution of commercial disputes is a serious international concern. Deliberations at the UN Commission on International Trade Law is trying to work out how mediation can work in disputes.
• Commercial disputes: These are settled through (a) Courts, (b) Arbitration and (c) Mediation. The last one results in “settlement agreements”, and how Courts implement them is under deliberation. 174 nations recognised mediation to resolve disputes, and ICC, SIMC and WIPO have helped businesses do it.
• Mandatory pre-litigation mediation: This has been introduced. Businesses are being encouraged to consider mediation in disputes that arise in commercial transactions. India has lost huge revenues due to disputes taken outside for resolution – it is better to evolve a domestic resolution system.
• The Draft Convention: The UNCITRAL Draft is trying to frame a common policy for all nations to handle such mediation agreements.
• Basic: Mediators help the parties reach an agreement, but lack power themselves to impose a solution. Hence Courts of the country before whom the mediated settlement agreement is brought have to finally ensure implementation.
• Convention brings clarity: Mediated settlements normally don’t need court assisted enforcement. But with this convention, we will have sure enforcement. Refusal to enforce too will be on grounds known already, so certainty is ensured (for international parties).
• Summary : The utility of mediation in commercial dispute resolution will be formalised by the UNCITRAL Convention 2018.

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