Mediation

The parties may request the World Mediation Centre, other mediation agencies or mediation professionals to intervene in their dispute resolution as mediators and resolve disputes through mediation. Because the mediation is not premised on the commencement of arbitral proceedings, it is conducted independently according to the parties' wishes. Therefore, in contrast to arbitration and litigation, this mediation is called independent mediation.

As a result of independent mediation, a settlement agreement may or may not be reached. When a settlement agreement is reached, the parties have multiple options to process the mediation result, such as requesting a mediator to produce a mediation statement, requesting the mediation agency to prove that the settlement agreement was created as a result of mediation for the purpose of enforcement in accordance with the Singapore Convention on Mediation, or availing themselves of the provisions of Article 53 of the Arbitration Rules of the World Arbitration Centre, under which the Chairman of the Centre may designate a sole arbitrator to form an arbitral tribunal to hear the parties in accordance with procedures deemed appropriate by the arbitral tribunal. The arbitral tribunal may render a mediation statement or a consent award, the later of which can be recognized and enforced under the 1958 New York Convention. Some jurisdictions allow parties to request court for judicial review and confirmation of the settlement agreement, which may make the settlement agreement also enforceable.

An independent mediation mediator cannot usually serve as an arbitrator in the arbitration of the same dispute, unless the parties agree otherwise.