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Views from the Coal Face: the Development of International Commercial Mediation

Lookup NU author(s): Professor Bryan Clark

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by School of Law, Queen's University Belfast, 2024.

For re-use rights please refer to the publisher's terms and conditions.


Abstract

Mediation use in the international commercial area has been the subject of some research and discussion over the past two decades. In the past five years however a number of significant changes have resulted in an increased focus on the use of mediation to resolve international commercial disputes. One significant area of potential change has resulted from the United Nations Convention on International Settlement Agreements Resulting from Mediation, New York 2018 (‘The Singapore Convention on Mediation’). Apart from this change, domestic commercial mediation has increased in a number of jurisdictions as a result of an increased domestic focus on mediation and in some instances mandatory requirements to use mediation that are fostered by legislative instruments or contractual requirements. This article explores the potential and actual use of mediation from the perspective of international commercial mediators, their perceptions of barriers to use and ways to expedite growth as well as discussing the perceived benefits and concerns about what has been referred to as the juridification of mediation.


Publication metadata

Author(s): Clark B, Sourdin T

Publication type: Article

Publication status: Published

Journal: Northern Ireland Legal Quarterly

Year: 2024

Volume: 75

Issue: AD1

Pages: 74-106

Online publication date: 01/11/2024

Acceptance date: 13/06/2024

Date deposited: 01/05/2024

ISSN (print): 0029-3105

ISSN (electronic): 1752-4466

Publisher: School of Law, Queen's University Belfast

URL: https://doi.org/10.53386/nilq.v75iAD1.1140

DOI: 10.53386/nilq.v75iAD1.1140

ePrints DOI: 10.57711/1f61-h595


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