This course deals with the rapidly growing area of private international mediation and multitiered dispute resolution processes that have mediation as an element. It offers participants a
framework for understanding cross-border law and practice in this field and the opportunity to
develop specialised mediation know-how relevant to cross-border settings. The course is
conducted as an SMU-X course with input from institutions and organisations in the cross-border mediation and dispute resolution field as set out below.
Imagine the following scenario: A Singaporean mediator is asked to mediate a professional
negligence dispute. The plaintiff is based in Indonesia, the defendant accounting firm is in
the Netherlands, and the defendant’s insurer has its headquarters in the United States. All
agree to attend mediation in Singapore. The preliminary discussions and meetings, however,
take place via email and video conference with all parties in their home countries. The
mediation occurs, and the parties reach a settlement. Several months later, there is an alleged
breach of the mediated settlement. What is the applicable law? Does the Singapore
Convention apply? What action can be taken against whom?
Such cross-border mediations are embedded in international dispute resolution eco-systems of
law, policy, and organisations. Each year, this course dives into themes relevant to these ecosystems.
This term, the course will focus on the following themes:*
- Global trends in mediation.
- What happens after the ink has dried on the Singapore Convention? Once countries have signed on, what does it mean for them and what else to they need to do or to build to benefit from the Convention?
- International and comparative legal frameworks for mediation.
- Implications for mediator standards and ethics in light of the Singapore Convention.
- Online dispute resolution initiatives / digital readiness for mediation service providers
*There may be changes to the themes, depending on current international developments and the needs of participating mentor organisations.
