The recent speech by Lady Chief Justice Carr, at the British Institute of International and Comparative Law (BIICL) underscored the growing significance of mediation in international dispute resolution. Lady Carr’s remarks, particularly in the context of the Singapore Convention on Mediation, reaffirmed the increasing role of mediation alongside litigation and arbitration. For the Centre for Effective Dispute Resolution (CEDR), this presents an opportunity to continue its work as a global leader in mediation and to foster international collaboration in advancing best practices.
Since its foundation in 1990, CEDR has been at the forefront of mediation, significantly shaping its development in England, Wales, and beyond. As highlighted in CEDR’s 10th Annual Mediation Audit, the organisation has played a critical role in establishing mediation as a mainstream dispute resolution mechanism. The report reveals that mediation has facilitated the resolution of disputes worth over £195 billion, with annual savings to businesses estimated at £5.9 billion.
Lady Carr's speech reinforced the view that mediation is no longer an "alternative" to litigation but rather an essential component of modern dispute resolution. This shift is in line with CEDR’s long-held approach, recognising that mediation complements litigation and arbitration, rather than competing with them. As Lord Neuberger once stated, ADR should be seen as a "supplementary and complementary role" to litigation—a principle that CEDR has championed for years.
The Singapore Convention on Mediation, which came into force in 2020, is a pivotal step in facilitating the enforcement of mediated settlement agreements across borders. Historically, the lack of an enforcement mechanism for mediation created a disadvantage compared to arbitration, which benefited from the New York Convention. The Singapore Convention seeks to rectify this by providing a framework for enforcing mediated agreements internationally, thus elevating mediation’s status as a trusted global dispute resolution tool.
CEDR has long supported the adoption of the Singapore convention by states, as a means of developing international recognition of mediation and is well-positioned to support the global adoption of mediation.
A key takeaway from Lady Carr’s speech was the importance of cooperation between institutions to develop a cohesive dispute resolution ecosystem.
Inspired by these words, and given its expertise and influence, CEDR is ready to collaborate with governments, international organisations, and other mediation and arbitral bodies to enhance promotion, training, certification, and regulatory standards in international mediation The establishment of a London Dispute Resolution Committee, as suggested in the speech, could provide a coordinated approach to international mediation, arbitration, and litigation, ensuring a seamless transfer between different dispute resolution methods.
One crucial aspect of ensuring the success of international mediation is the development of highly skilled mediators. The Singapore Convention allows for the refusal of enforcement if a mediator breaches ethical standards, reinforcing the need for high-quality mediator training and oversight.
CEDR has long been a leader in mediator accreditation and training, setting professional standards that are recognised worldwide. With the growing prominence of mediation, CEDR is ready to work with international partners like the International Mediation Institute and others to enhance mediator certification frameworks and to develop training programmes that address cultural and jurisdictional differences in dispute resolution.
Furthermore, the legal profession plays a crucial role in the mediation process. As Lady Carr pointed out, lawyers are essential in helping clients assess the merits of mediated settlements and navigate complex cross-border disputes. CEDR has consistently engaged with legal professionals to promote a deeper understanding of mediation and to encourage a shift towards collaborative rather than adversarial dispute resolution approaches.
Lady Carr’s speech concluded with a compelling vision for the future of mediation, emphasising greater digitisation, interdisciplinary collaboration, and regulatory evolution. The continued ratification of the Singapore Convention is expected to drive further coordination between jurisdictions, a development that CEDR fully supports.
As the global landscape of dispute resolution evolves, CEDR remains committed to leading the charge in international mediation. The organisation welcomes opportunities to collaborate with governments, judicial bodies, and dispute resolution institutions worldwide to ensure that mediation is utilised effectively, ethically, and efficiently.
Ultimately, CEDR’s vision aligns with the broader goal of ensuring that mediation remains a trusted, accessible, and enforceable means of resolving disputes worldwide. With a proven track record of excellence and innovation, CEDR stands ready to shape the next chapter of international mediation in collaboration with like-minded institutions.