Enforcing Mediation Settlement Agreement
Iran, for example, is one of the first 46 signatories to the convention not to recognize mediation as a dispute resolution mechanism in its legal system. There is therefore no legal procedure for the implementation of transaction agreements arising from mediation in Iran. The parties can resolve their dispute by mutual agreement or through negotiations of any kind. The ICSID convention, the regulation and the rules include a conciliation procedure . The procedure provides for the creation of a conciliation commission for one, three or more conciliators . The Commission may, at any stage of the proceedings, subject the parties to oral or written recommendations in order to reach an agreement. In particular, it may recommend that the parties accept certain settlement conditions or refrain from any concrete action that could aggravate the dispute. The agreement authorizes signatories to make two reservations under the agreement: a signatory may (1) release agreements with the parties to the government and (2) only request the execution of the donations „to the extent that the contracting parties to the transaction agreement have consented to the application of the agreement.” In addition, pursuant to Article 9, the agreement has no retroactive effect on agreements that were executed prior to the convention`s effective date. Michael is an author and speaker on alternative dispute resolution issues. He publishes a monthly newsletter entitled „Resolving It” which provides timely advice on successful mediation strategies and discusses current issues, such as commercial arbitration reform and E-Discovery mediation. the agreement is not final and binding, or is unable to be implemented Most international trade and investment agreements contain arbitration clauses supported by international provisions for the execution of a sentence. These provisions include the New York Conventions  and icsid . He is a member of numerous dispute resolution bodies, including the National Panel of Arbitrators of the American Arbitration Association.
He also appears on the mediation facilitation and discovery panels of several superior courts. In support of this „non-adjudicative method of dispute resolution,” the need for an enforceable transaction agreement is defined by Article 14 of the Conciliation Models Act („the enforceability of the transaction agreement”), which states that most participants in the UNCLOS working group appear to be in favour of an international mechanism for IMS. This view is not universal: some participants expressed concern about the lack of a fundamental difference between inconclusive agreements and agreements arising from mediation or conciliation. In other words, the legal status of an IMSA is no different from any other contract and, therefore, it is doubtful that such contracts should have special status. The Singapore Convention on Mediation facilitates the implementation of transaction agreements arising from mediation and accelerates the implementation of the non-compliant party`s asset agreement in another contracting state. The agreement applies to cross-border commercial disputes settled by mediation where „at least two parties to the [written] transaction agreement have their place of business in different states” (Article 1.1, point (a), or in which the parties „have their place of business other than the state where a substantial portion of the obligations arising from the transaction agreement is fulfilled or the state where the purpose of the transaction agreement is most closely linked” (Article 1 paragraph 1, point b). However, the agreement excludes from its scope transaction agreements relating to consumers, family, estates and employment (Article 1.2), which can be executed as an arbitral judgment or award (Article 1.3).