Proudly presenting "Contemporary Issues In Mediation Volume 10"!



CIIM Volume 10

 

In this tenth and final volume of Contemporary Issues in Mediation (“CIIM”), we bring to a close a series that has traced mediation’s journey from being a promising alternative to an essential pillar of modern dispute resolution. CIIM Volume 10 spans a wide range of thought-provoking issues, including conflicts across borders while considering the principles, incentives and professional judgments that sustain the craft. The essays cohere around three themes: people and culture, technique and ethics, and institutions and policy.

 

Here is an overview of the chapters of CIIM Volume 10:

  • Rachel Quek’s winning chapter titled “Peacemakers: Individuals as Mediators of International Conflicts” highlights how individual mediators—using personal credibility, timing, and influence—can redirect the trajectory of international conflicts. 
  • Helene Ng’s chapter titled “Cultural Dynamics in International Mediation: Anthropological Insights for Effective Conflict Resolution” shows how anthropological and ethnographic insight  helps mediators respect cultural identity and context, and better grasp complex dynamics, thus making outcomes more culturally effective. 
  • Gauri Yadav’s chapter titled “Mediating with the Mahabharata: Investigating the Parties’ Influence on Success and Failure in Mediation” draws wisdom from the ancient Indian Sanskrit epic poem that distils a timeless truth: while mediator skill is vital, the true engine of resolution lies in the parties’ own trust, agency, and willingness to sustain peace.
  • Chloe Lee’s chapter titled “Unravelling Neutrality: Examining Neutrality as a Core Mediation Principle in Facilitative and Evaluative Mediation Models” challenges  neutrality as an indispensable cornerstone in mediation.  She suggests discussing neutrality through concrete mediator skills suited to each case, rather than through a rigid facilitative/evaluative viewpoint. 
  • Tan Yuxuan’s chapter titled “Advocating for the Narrative Approach to Mediation” analyses the narrative model of mediation, and how it can be responsibly used without eroding autonomy or impartiality. 
  • Tay Theng Shuen’s chapter, titled “The Risk of Settlement Regret: A Critical Factor in Counsel’s Decision-Making Process?” highlights that to prevent settlement regret, counsel must set clear expectations, equip clients to make informed choices and maintain procedural fairness along with due process. 
  • Dr Emadeldien’s chapter titled “Beyond the Classroom: Mediation and the Pursuit of Justice” expands the discussion to access to justice, showing how a mediator’s influence, equitable procedures, and trauma-informed and community-based restorative practices can achieve this goal.
  • Here, Meghna Jandu’s chapter titled “Two Pieces of a Puzzle: A Collaborative Reading of the Singapore Convention and the New York Convention” emphasizes that the Singapore Convention and the New York Convention can act as complementary tools when properly sequenced in tiered clauses such as in Arb-Med-Arb pathways.  She thus encourages broader ratification of the Singapore Convention so mediation can stand independently in the long run. 
  • Mervyn Lin’s chapter titled “Safeguards or Overregulation? A Dive into Mediator Standards Under the Singapore Convention” probes Article 5(1)(e) of the Singapore Convention’s standards where a court can refuse to enforce a settlement agreement if there was a serious breach by a mediator of the standard applicable. To strike the right balance between user safeguards and innovation, Mervyn proposes further refinements to “standards” to safeguard parties while preserving mediation’s flexibility. 
  • Neo Win Kyi’s chapter titled “Should Third-Party Funding Be Extended to Stand-Alone Mediation?” evaluates the case for extending Third-Party Funding to stand-alone mediation and raises acute concerns, such as confidentiality, control, incentives, and ultimately calls for a careful and gradual expansion to minimize adverse effects on public policy.
  • Xin Yu’s essay titled “Charting Twin Pursuits — Reconciling the Tension Between Confidentiality as a Procedural Feature and the State’s Interest in Pursuing Transparency in Mediating Investor-State Disputes” examines a state’s considerations how the tenets of mediation supports a state’s interests in investor-state disputes.  She proposes concrete ideas to maintain a principled balance between confidentiality and transparency in such disputes to protect candour while preserving accountability to stakeholders.


  1. Peacemakers: Individuals as Mediators of International Conflicts
    By Quek Jia Ying Rachel
  2. Advocating for the Narrative Approach to Mediation
    By Tan Yuxuan
  3. Beyond the Courtroom: Mediation and the Pursuit of Justice
    By Dr Emadeldien Mohamed Mahmoud Hussein
  4. Mediating with Mahabharata: Investigating the Parties' Influence on Success and Failure in Mediation
    By Gauri Yadav
  5. Unravelling Neutrality: Examining Neutrality as a Core Mediation Principle in Facilitative and Evaluative Mediation Models
    By Lee En Jia Chloe
  6. Two Pieces of a Puzzle: A Collaborative Reading of the Singapore Convention and the New York Convention  
    By Meghna Jandu
  7. Safeguards or Overregulation? A Dive into Mediator Standards Under the Singapore Convention
    By Mervyn Lin Zheng Hong
  8. Should Third-Party Funding Be Extended to Standalone Mediation?
    By Neo Win Kyi
  9. Cultural Dynamics in International Mediation: Anthropological Insights for Effective Conflict Resolution
    By Ng Hui En, Helene
  10. Charting Twin Pursuits — Reconciling the Tension Between Confidentiality as a Procedural Feature and the State's Interest in Pursuing Transparency in Mediating Investor-State Disputes

     by Ng Xin Yu

11. The Risk of Settlement Regret: A Critical Factor in Counsel's Decision-Making Process?

      By Tay Theng Shuen


 

 

  


  


E-copies of the essays are also available through our publisher here.


 

Endorsements

 

“The articles featured in this milestone tenth edition of Contemporary Issues in Mediation showcase the growing level of sophistication and  thought leadership that has emerged over the years to impact the mediation landscape. I was drawn in particular to the articles on Individual Mediators as Peacemakers on a global stage and the article on narrative mediation. The first has a crisp analysis of the effective approaches of mediators who were involved in well- known national or cross-border conflicts. In the second, I appreciated the value of “unique route of questioning…”, aimed at de-escalation and cooperation. 

For those in this space, we are keenly aware of how mediation has been developing in a wide range of disputes. New ideas and tools shared by students in this series add to the skill, credibility and scholarship of practicing mediators and mediation advocates alike. Thank you, CIIM, for encouraging and keeping a spotlight on this.”

Shanti Abraham
IMI and SIMI Certified Mediator
International Mediator SIMC, MIMC, AAA-ICDR

“What a cornucopia of fascinating and thought-provoking articles the 10th volume provides! Spanning the timely discussion of individual
mediators in international conflicts to the persistent problem of “Settlers’ Remorse”, each article is well researched, beautifully written and essential reading for all mediators worldwide. Rachael Quek’s winning article on mediators as peacemakers in international conflicts is particularly relevant in today’s war-torn world; with Tan Yuxuan’s discussion advocating a narrative approach to mediation, these are two fascinating examples of the expanding global influence of mediation.

The article describing how mediation overcomes barriers to justice addresses the problem of inequality when one disputant lacks socioeconomic
and financial capital. Complementing this is a fascinating comparison between the Lord Krishna’s role as Shantidoot in the Mahabharata
and the discussion of what neutrality means in facilitative and evaluative mediation and how far neutrality affects a mediator’s conduct.

The articles on the Singapore Convention were of particular interest for me, as a member of the UNCITRAL II working party that drafted it,
particularly the analyses of Articles 5 (1)(e) and (f). Finally, a fascinating discussion of anthropology as a medium for resolving disputes rounds off a rich volume of research .”

Michel Kallipetis KC
FCIArb, SIMI Certified Mediator

“At a time of great need for collaborative thinking, problem-solving, negotiation and mediation, this work emphasises the capacity of mediation
to assist across a broad spectrum of disputes. Mediation is examined not only in areas of law and jurisdictions but also viz-a-vis human dilemmas.

Mediators are the true peacemakers working across multiple modes of mediation as a means of access to justice. The essence of mediation, self-determination of the parties, neutrality of the mediator and confidentiality are explored through different modes of mediation and cultural settings. Decision-making and the pivotal role of lawyers is a niche area in this volume and a timely reminder to advocates of the skills required to effectively represent their clients in ADR frameworks including mediation.

Finally, the raison d’etre for the Singapore Convention, the role of the state in investor-state mediation, and third-party funding are also examined. I commend this rich publication to all peacemakers and those involved in the administration of justice. Congratulations to SIMI on this new volume of essays.”

Mary Walker OAM
Barrister, Mediator, Dispute Resolution Practitioner and
SIMI Certified Mediator