The Best Practices In Mediation: From The Mexican Experience To The International Experience
Based on the Mexican experience, which for over three decades has had state legislations overseeing Mediation at the local level and for only two years a General Law of Alternative Dispute Resolution Mechanisms that oversees Mediation at the national level, we will question whether it is necessary or desirable for national legislations to oversee Mediation and include provisions of local and federal application for the use of Mediation, and we will analyze through Comparative Law the essential elements that such legislations should have, including any provisions of the UNCITRAL Model Law on International Commercial Mediation.
Based on the international experience of those countries that have signed the Singapore Convention on the Enforcement of International Settlement Agreements, we will question whether it is necessary or desirable for countries around the world to sign and ratify said Convention so that the Mediation Settlement Agreements entered into in third countries can be enforced locally.
Based on the UIA Resolution on the Prevention and Settlement of Disputes and the Role of Lawyers which will be considered for ratification at the Guadalajara Congress, we will question whether it is necessary or desirable to adjust the national, federal and local legislation on Mediation, as well as to the Code of Ethics of the national bar associations and lawyers associations, for its implementation.
Particularly, we will analyze the best known practices in the world regarding some appropriate mechanisms to resolve disputes which are still underdeveloped and unused in some jurisdictions, such as the collaborative approach and the reasoned negotiation, and we will analyze the functioning of mediation of administrative disputes involving the State which sooner or later shall lead to the development of the use of mediation to resolve disputes between investors and States.
This will be an interactive round-table discussion between experienced mediators from different regions of the world, in which the attendees will be allowed to participate freely in English, Spanish, or French, as they wish.