Rules and Regulations

   

JCAA Commercial Mediation Rules (2020)→Rules

   

What are the specific features of JCAA Commercial Mediation Rules?

   

  1. The JCAA Rules provide several options that the parties may choose to proceed with the mediation in line with their needs. These options cover the matters about including the process of mediator appointment, the process of conducting the mediation proceedings and the calculation methods of mediator’s remuneration.

  1. Based on UNCITRAL Model Law on International Commercial Mediation, the JCAA Rules provide the detailed rules to ensure that confidentiality is strictly protected in the subsequent judicial or arbitral proceedings.

  1. The JCAA rules streamline the rules about drafting the settlement agreement so that the settlement agreement which results from the JCAA mediation can be enforced under United Nations Convention on International Settlement Agreements Resulting from Mediation.

   

UNCITRAL Model Law on International Commercial Mediation

The Model Law is designed to assist states in reforming and modernizing their laws on mediation procedure. It provides uniform rules in respect of the mediation process and aims at encouraging the use of mediation and ensuring greater predictability and certainty in its use.

Further details (to the UNCITRAL website)

   

United Nations Convention on International Settlement Agreements Resulting from Mediation

The Convention establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement.

Further details (to the UNCITRAL website)