| The Singapore Mediation Convention aims to establish a direct enforcement mechanism for international settlement agreements resulted from mediation. It responds to the needs of international commercial practices and reflects the trend towards harmonization in international mediation rules. There is still a gap between relevant legislations and judicial practices in China and the basic requirements of the Convention. The main problems include that, the international settlement agreements have no enforceability, the individual mediation system has not been established, and the idea of enforcement of commercial mediation needs to be updated in China. China should actively create environment for the ratification the Convention and, in particular, clarify the independent remedy status of international commercial mediation in domestic legal system. In the implementation of the Convention, China should give full play to the function of judicial review, establish a code of conduct for mediators, and, through the improvement of judicial remedy for a third party, establish an implementation mechanism that is both compatible with advanced international experiences and able to respond China’s core concerns. |
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