Summary of the Lady Chief Justice’s Lecture on Mediation and the Singapore Convention
In her 2025 President’s Circle Lecture, the Lady Chief Justice reflected on the evolution of dispute resolution over the past 25 years, emphasizing the growing importance of mediation in both national and international contexts. She highlighted the significant changes brought about by digitization and the COVID-19 pandemic, as well as the rise of international commercial courts in jurisdictions like Singapore, Dubai, and Qatar. However, her primary focus was on mediation, which has become a central tool in resolving disputes efficiently and preserving relationships.
Key Points:
- The Rise of Mediation:
- Since 1990, mediation in England and Wales has resolved disputes worth £195 billion, saving businesses approximately £5.9 billion annually.
- Mediation not only reduces the cost and trauma of litigation but also helps parties maintain or restore relationships, allowing them to focus on their commercial activities rather than legal battles.
- Mediation vs. Litigation:
- Historically, there was tension between mediation and litigation, with concerns that promoting alternative dispute resolution (ADR) might undermine the civil justice system.
- However, this tension has eased, with mediation now seen as complementary to litigation. Courts have integrated mediation into civil procedures, as seen in the Churchill v Merthyr Tydfil case, which confirmed courts’ power to mandate ADR.
- The Singapore Convention:
- The Singapore Convention on Mediation, which came into force in 2020, aims to facilitate the enforcement of international mediated settlements, promoting mediation as a viable alternative to arbitration and litigation.
- The Convention addresses the challenge of cross-border enforcement, which has historically favored arbitration due to the New York Convention’s enforcement mechanisms.
- While only 14 countries have ratified the Convention so far, its potential to promote international trade, reduce dispute resolution costs, and maintain commercial relationships is significant.
- Mediation and the Rule of Law:
- The Lady Chief Justice argued that mediation supports the rule of law by providing an additional tool for resolving disputes while maintaining the integrity of judicial systems.
- Mediation relies on a robust civil justice system, as past court judgments inform parties’ decisions to settle disputes through mediation.
- The development of international mediation centers, skilled mediators, and supportive court systems will enhance the rule of law globally.
- Future Developments:
- The Lady Chief Justice called for a holistic approach to dispute resolution, integrating mediation, arbitration, and litigation into a cohesive ecosystem.
- She suggested establishing a London Dispute Resolution Committee to oversee the development of international mediation, arbitration, and litigation, drawing lessons from jurisdictions like Singapore and India.
- Training and maintaining high ethical standards for mediators will be crucial, particularly as the Singapore Convention allows states to refuse enforcement of mediated settlements if mediators breach ethical standards.
- Role of the Legal Profession:
- Lawyers play a vital role in mediation, ensuring clients understand the merits of settlements and advising them on cross-cultural issues in international disputes.
- Diverse legal teams with expertise in mediation, arbitration, and litigation will be essential for the future of international dispute resolution.
Conclusion:
The Lady Chief Justice emphasized the importance of amicable dispute resolution, quoting The Water Margin: “If enmity is not settled amicably, there is no end of it.” She envisions a future where mediation, arbitration, and litigation work together to promote peaceful and efficient resolution of disputes, both domestically and internationally. The Singapore Convention, alongside ongoing digitization and legal reforms, will play a key role in shaping the future of dispute resolution in the 21st century.