Learning & events
PDG event | Should Australia sign the Singapore Convention on Mediation?
with Khory McCormick and Rajesh Sharma
Thursday 31 October 2019 | Melbourne
Why did Australia fail to sign the Singapore Convention on Mediation and …what does this failure say about the future of Mediation in Australia?
The Facts: In December 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation - now called: the Singapore Convention on Mediation.
On 7th August 2019, 46 countries signed the Convention, in Singapore. They represented over half the world’s population and two thirds of global trade. Signatories include the USA, China, Singapore, India, Malaysia, the Philippines & South Korea.
The Convention facilitates enforcement of mediation agreements between parties domiciled in different jurisdictions - as the New York Convention 1958 does for arbitral awards.
This global initiative was designed to support the use of mediation - by demonstrating widespread sovereign support for the process. The message being that any country willing to enforce cross-border mediation agreements is clearly committed to supporting mediation for domestic disputes.
The Consequences: The Singapore Convention increases opportunities for (included) mediators and related professionals to provide services on the world stage. Failing to sign the Convention harms Australia’s mediation community by:
Reducing credibility and limiting the attractiveness of Australia as a dispute resolution “hub”.
Reducing credibility and limiting the attractiveness of Australia mediators as international dispute resolvers.
Reducing opportunities for Australian mediators, and Australian Dispute Resolution organisations, to attract and service international dispute resolution clients.
The Issues: Australia’s failure to sign the Convention is disappointing, at best. It could be sending an alarming message about the Federal Government’s attitude to mediation: is it just a quick and cheap process for clearing court backlogs and saving costs? Has mediation become the recession justice we all want to avoid?
Our speakers at this event are Professors Khory McCormick and Rajesh Sharma. They’ll provide unique insights into the Convention and its intended operation, lead a discussion about the consequences of our failure to sign, and suggest solutions.
If you’re interested in the future of mediation in Australia, you need to know more about this topic, to decide what, if anything, needs to be done about it.
This event is to be held in conjunction with the Vic Bar and VADR.
Our supporting partner for events in Victoria, Pitcher Partners (https://www.pitcher.com.au/), takes a reliable, practical, commercial and thorough approach to all its work, which is entirely congruent with some of the key elements of professional dispute resolution practice.
If you find yourself in a conflict or dispute situation where a party or parties require highly professional, independent, objective, financial or accounting services, then you may contact Mr Innis Cull, Partner (email@example.com; T: 03 98612 9445) or Mr Marcus Rodaughan, Client Director (Marcus.Rodaughan@pitcher.com.au; T: 03 8610 5461) at Pitcher Partners for an obligation free discussion of how they may assist the dispute resolution process.
Thanks to Pitcher Partners for generously supporting this event.