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Final Step: Issues In Enforcing The Mediation Settlement Agreement

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Chapter Summary

This chapter concerns mediation in the international arena and how its utilization and efficacy can be fostered. The growth of mediation over the past 15 years has been exponential, a tribute to the success of the process. There are now literally thousands of court-sponsored mediation programs around the country in the United States, and the EU Mediation Directive issued in 2008 is likely to foster the development of many such programs in Europe and otherwise encourage the growth of mediation on the European continent. The basis on which mediated settlement agreements (MSAs) should be enforced has been the subject of much debate, but no single mechanism for the enforcement of MSAs has emerged. There was a strong effort by those working on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Conciliation to develop a uniform enforcement mechanism.

Keywords: EU Mediation Directive; mediated settlement agreement (MSA); mediation; UNCITRAL; United States



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