This comparative review provides an introduction to mediation in our network of 20 countries across the globe.
Mediation is recognised throughout the commercial world, but there remain differences in how the process operates in different jurisdictions and, in particular, in how far the legislature or court system will go to compel parties to mediate. This interactive comparative review considers how mediation works across 20 jurisdictions. It asks, for each jurisdiction, the following questions:
- What is the status of mediation in this jurisdiction?
- How is a mediation conducted?
- Is there any obligation on litigants to mediate?
- Does the court have powers to support a mediation?
- Does failure to mediate attract adverse cost consequences?
- Are mediations confidential?
- How are settlement agreements enforced?
- Is there a system of accreditation and/or regulatory body for mediators?
This comparative review is intended to highlight issues rather than to provide comprehensive advice.