The Convention Text

United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore C
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What is the Singapore Convention on Mediation?

A uniform and efficient framework for international settlement agreements resulting from mediation

The Singapore Convention on Mediation (“SCM”) applies to international settlement agreements resulting from
commercial dispute. It provides a harmonised framework for the enforcement and invocation of international settlement

The SCM has been designed to serve as an essential instrument in the facilitation of international trade and in the
effective method of resolving trade disputes. It ensures that an international mediated settlement agreement reache
under a simplified and streamlined procedure. It thereby helps to strengthen access to justice and the rule of law, a
international commercial mediation. This contributes to the development of a mature, rules-based global commercial sy

What is Mediation?
Mediation1 is a process for discussing and resolving disputes. It is known for improving the efficiency of dispute resol
party-driven process whereby the mediator’s role is not to adjudicate, but rather to facilitate discussions between disp
solution. The nature of the process promotes the preservation of relationships between the parties. The mediation pr
instances, more cost and time efficient than other dispute resolution processes such as litigation and arbitration. For S
the state court system.

Until the introduction of the SCM, however, an often-cited challenge to the use of mediation in commercial dispute
framework for cross-border enforcement of settlement agreements resulting from mediation. It was in response to this
by the United Nations.

1
 For the purposes of the Convention, the terms ‘mediation’ and ‘conciliation’ can be taken to be interchangeable.

Enforceability of Settlement Agreements under the Convention

Only international commercial settlement agreements resulting from mediation can be enforced under the SCM.

The mediation settlement agreement must be international in character (Art 1(1) SCM)
The mediation settlement agreement must be commercial. This excludes disputes arising from transactions b
purposes, or relating to family, inheritance, or employment law (Art 1(2) SCM)
The Convention does not apply to settlement agreements that are enforceable as a judgement or arbitral award

A settlement agreement has a dual function under the SCM.

Settlement agreements can be directly enforced in the competent authority of a Party state, in accordance with
laid down in the Convention. (Art 3(1) SCM)
Where a dispute arises relating to a matter which has already been resolved by the settlement agreement, t
matter has been resolved. (Art 3(2) SCM)

Th t t th it f P t t t t th SCM f t t li f th d l id d i th SCM i