13 May 2025

Mediation: Compare

This first edition of the Law Over Borders Comparative Guide to Mediation considers the development of mediation and its role in the international disputes market, with contributions and insights from leading private practice dispute resolution lawyers and General Counsel. The insights shared by contributors provide guidance and a broader understanding of mediation and its challenges as well as a glimpse into the future, where generative AI technology enhances mediation’s role in dispute resolution.

Jurisdictions

Choose the jurisdictions you would like to compare with the questions next.
 

Questions

Choose the questions you would like to compare with the selected jurisdictions.
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  • 1 .  Define mediation in your jurisdiction
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  • 2 .  What is the role of a mediator in your jurisdiction?
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  • 3 .  How does mediation differ from arbitration or litigation?
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  • 4 .  Are there specific rules and regulations regarding mediation?
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  • 5 .  Is your jurisdiction encouraging mediation instead of going to court to settle disputes?
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  • 6 .  Can courts mandate parties to mediate?
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  • 7 .  Can courts penalise a party for refusing to mediate or failing to properly engage?
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  • 8 .  Can mediation happen at any time before or during court proceedings? When does it tend to happen and who are the drivers of this?
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  • 9 .  In what situations is mediation considered most effective?
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  • 10 .  Can all disputes, including commercial fraud disputes, be subject to mediation?
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  • 11 .  Are dispute resolution clauses mandating mediation common in contracts? If so, are such provisions enforceable in the courts?
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  • 12 .  How do mediations become legally binding and what are the common agreed terms between the parties to a mediation?
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  • 13 .  How can I become a mediator in your jurisdiction?
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  • 14 .  Is there a single governing body for mediators?
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  • 15 .  What ethical codes of conduct are mediators subject to?
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  • 16 .  What are the stages of the mediation process?
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  • 17 .  How easy is the process of mediating in your jurisdiction? What are the obstacles to mediation?
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  • 18 .  Is there a lack of awareness and understanding about mediation and its benefits? If so, what are some common misconceptions?
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  • 19 .  What are perceived to be the advantages and disadvantages of mediation in your jurisdiction?
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  • 20 .  Can mediations take place remotely?
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  • 21 .  Have you seen an increase in the use of mediation in disputes since 2020?
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  • 22 .  Is Artificial Intelligence (AI) being used in mediation?
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