A new treaty seems poised to raise the profile of mediation as a way of resolving disputes, according to commentary by the dean and a student researcher here at the University of Georgia School of Law.
Coauthoring the Daily Report article, entitled “Singapore Convention Presents an Opportunity for Georgia in Mediation,” were international dispute resolution expert Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law at Georgia Law, and 3L Katherine Larsen.
The United States belongs to a number of treaties – most notably, the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, concluded in New York in 1958 and so known as the New York Convention – that make make arbitration awards enforceable. This membership, the article observed, “has given arbitration a comparative advantage over other forms of dispute resolution.”
But that could change once the 2018 UN Convention on International Settlement Agreements Resulting from Mediation – named the Singapore Convention in recognition of the city where it was concluded last December – enters into force. Some predict that could happen within a year, the authors wrote, then focused on the significance of this for the state of Georgia:
“Much like it adopted an international arbitration code, the state should consider enacting an international mediation law tied to the provisions of the Singapore Convention. Such legislation could enhance Georgia’s appeal as a mediation forum and build upon its reputation as a jurisdiction hospitable to business, including the resolution of business disputes.”