Article from: TDM 6 (2014), in Dispute Resolution from a Corporate Perspective
Mediation is a voluntary dispute resolution mechanism that is gaining momentum internationally. Its flexibility, confidentiality, cost and time efficiency mean it has become an attractive solution for the solution of commercial disputes. In recent years we have seen its codification by legislators, and institutions are increasingly issuing rules and recommendations to guide parties in its use. One of the main questions which arises when considering how to further encourage the use of mediation is the enforcement of the mediation settlement agreement.