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6 IJODR 164 (2019)
Beyond the Singapore Convention: The Importance of Creating a 'Code of Disclosure' to Make International Commercial Mediation Mainstream

handle is hein.journals/ijodr6 and id is 166 raw text is: Beyond the Singapore Convention The Importance of Creating a 'Code of Disclosure' to Make International Commercial Mediation Mainstream Ana Maria Maia Goncalves, Francois Bogacz & Daniel Rainey* Abstract On 6 August 2019, the Singapore Convention on Mediation was announced. The Convention parallels the New York Convention for arbitration by moving to legiti- mize mediation as a dispute resolution method for international commercial trans- actions. The Convention tries, in particular, to address the enforceability of media- tion settlements by referring to the application of mediation 'standards' in Article 5 (e). Mediation standards have been a controversial topic in professional circles since the rise of mediation as an alternative dispute resolution process, because of the extreme diversity of mediation approaches across the world. We argue that all stakeholders in the mediation ecosystem should focus on creating a 'Code of Disclo- sure' as a complement to the Singapore Convention, that such a 'Code of Disclosure' may be the first step towards a future 'Uniform Code of Conduct, and that a code of disclosure will bring certainty to parties about the international commercial mediation process, which is a key prerequisite for its true adoption. Keywords: Singapore Convention, mediation, expectations, enforcement, com- merce, international. 1 International Commercial Mediation in the Mind of the Parties: Welcome to Uncertainty The lack of common standards for mediation across cultures and national borders has led to a kaleidoscopic landscape of mediation styles and norms, which in turn can create uncertainty for parties interested in using mediation. Unlike legal or arbitral proceedings, mediation practice can vary greatly on the basis of national- ity, legal setting, culture or mediator preference. As Manon Schonewille and Jeremy Lack argue, Ana Maria Maia Goncalves is Founder and President, ICFML (Instituto de Certificagao de Mediadores Lusofonos). Francois Bogacz, Swiss Centre for Affective Sciences, University of Geneva, Computer Vision and Multimedia Laboratory, University of Geneva, Battelle Campus and Melbourne Business School. Daniel Rainey, National Center for Technology and Dispute Resolution, The International Council for Online Dispute Resolution and InternetBar.Org. 164 International Journal of Online Dispute Resolution 2019 (6) 2 doi: 10.5553/IJODR/235250022019006002006

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