May mediation roots grow and strengthen accross all Divisions of the civil courts. But on enforcement: there is an immediate problem of law between civil courts and in many family (where many agreements must be approved by a judge).
Forgive what is probably a simply minded question, but why do mediated settlements need more treaty-based international recognition than any other settlement contract?
Any type of settlement is of little value if it cannot be enforced. Enforceability is seen as vital to the effectiveness of mediation and commercial mediation is more likely to involve enforcement across international borders.
Thanks, and I can see the issue in matrimonial proceedings, as David B's post indicates. But in normal commercial contexts, the settlement agreement will be enforceable as a normal contract, surely, for which (and I trespass well outside my own legal areas!) there is already a raft of international agreements providing for enforcement.
May mediation roots grow and strengthen accross all Divisions of the civil courts. But on enforcement: there is an immediate problem of law between civil courts and in many family (where many agreements must be approved by a judge).
Forgive what is probably a simply minded question, but why do mediated settlements need more treaty-based international recognition than any other settlement contract?
Any type of settlement is of little value if it cannot be enforced. Enforceability is seen as vital to the effectiveness of mediation and commercial mediation is more likely to involve enforcement across international borders.
https://dburrows.substack.com/p/mediation-the-modern-law-and-its
Great minds...
Thanks, and I can see the issue in matrimonial proceedings, as David B's post indicates. But in normal commercial contexts, the settlement agreement will be enforceable as a normal contract, surely, for which (and I trespass well outside my own legal areas!) there is already a raft of international agreements providing for enforcement.