Just published: Article on mediation at the SCC
In a recently-published practice note, SCC legal intern Samuel Carey analysed mediation proceedings at the SCC between 2003 – 2017.
Since 2003, the SCC has seen a total of 40 requests for mediation. The article shows that mediation at the SCC is both a speedy and cost-effective process. The article describes how in more than half of all registered mediation cases, the parties were able to reach a settlement agreement. Furthermore, that mediation is suitable for both low and high value disputes.
The article further summarises key aspects of the administration of mediation cases at the SCC, including the nationality of parties and mediators, amount in dispute, duration and reasons for termination the mediation. The article briefly discusses the ability of parties to turn a mediator into an arbitrator for the purposes of turning their settlement agreement into an enforceable consent award.