JCAA Commercial Mediation Rules (2020)
What are the specific features of JCAA Commercial Mediation Rules?
Enforceability under Singapore Convention on Mediation
The new Rules incorporate requirements for settlement agreements to be enforceable under the United Nations Convention on International Settlement Agreements Resulting from Mediation (i.e. the settlement agreement to be signed by both parties, the inclusion of the mediator's signature on the settlement agreement and an attestation by JCAA that the mediation agreement has resulted from the mediation administered by JCAA).
Privilege, Without Prejudice and Confidentiality
The new Rules ensure that privilege and confidentiality are strictly protected in the subsequent judicial or arbitral proceedings mostly based on UNCITRAL Model Law on International Commercial Mediation, thus encouraging frank and candid settlement discussions.
Enhancing Party Autonomy
The new Rules encourage parties to discuss and agree on how to proceed with the mediation. For example, a request for mediation may include any agreement between the parties or any applicant's proposal as to, among other things, the process of conducting the mediation and the calculation methods of mediator's remuneration.
See more details on JCAA mediation rules herePDF