When it comes to mediating international disputes, there are a few key considerations that must be taken into account. Firstly, the main parties involved in the conflict must be willing to negotiate a solution. Secondly, a mediator must be accepted, credible and good. In order to ensure a balanced approach, the mediator and the parties must become aware of the positive and negative impacts of a mediation process, the functioning of the process, the rules and procedures of implementation, and everything related.
The mediator must not use confidential information acquired during mediation for personal gain or for others, or to adversely affect the interests of others. A mediator helps parties reach a resolution by facilitating communication, promoting understanding, helping them identify and explore the issues, interests, and possible bases of an agreement and, in some matters, helping parties evaluate the likely outcome in court or arbitration if they cannot reach an agreement through mediation. The mediator must also avoid conflicts of interest by recommending the services of other professionals. In addition, mediators who have been judges must know the state ethical standards or the canons of judicial conduct that regulate or guide their efforts as mediators.
It has also organized a series of events on investment mediation to increase knowledge about mediation between investors and States. Different bar associations have issued conflicting opinions about whether and when a mediator practices law, and some states or courts have rules on how and how a mediator can assess the merits of a dispute. In addition, the mediator must be aware of the possible need to withdraw from the case if a procedural or substantive injustice seems to have undermined the integrity of the mediation process. The mediator must be consistent, transparent and impartial in managing the mediation process and must respect the confidentiality of the parties. If a mediator helps prepare a settlement agreement and if the lawyer for either party is not present, the mediator should recommend that each unrepresented party have an attorney review the agreement independently before executing it.
Mediator notes, party submissions, and other documents containing confidential or confidential information should be stored in a reasonably secure place and may be destroyed 90 days after the mediation has been completed or sooner if all parties request or consent. In addition, it is important to introduce mediation into national courts through judicial regulations, judicial training, economic sanctions, legal aid provisions, professional obligations and professional education. As a result of the mediation of the “Convention on Mediation” or “Singapore Convention”, the United Nations Convention on International Settlement Agreements facilitates the resolution of international disputes by making settlement agreements resulting from mediation directly enforceable in the courts of Member States. The role of mediation in resolving international conflicts would be successful if there were credible mediation efforts. Therefore, it is important for all parties involved to understand all aspects of international dispute resolution through mediation.
