Document Type

Article

Publication Date

2021

Abstract

The aim of this essay is to consider the shape of mediation ethics after the Singapore Convention. It assesses the role of ethics with the Convention framework, as well as how the Convention can inform broader conversations about mediation ethics. The international commercial mediation landscape initiated by the Convention commends certain approaches to ethics for its effective and efficient operation. In particular, it is argued that the Convention system is best complemented by codes of ethics that are clear and standardized in their norms as well as modest in the scope of their regulatory ambitions. An ethical system defined by these twin characteristics of universality and modesty is best suited to complementing the needs of mediators and parties operating within a post-Singapore Convention context. The essay does not argue for the displacement of existing regulatory models nor the totalizing harmonization of ethical norms under an international framework, an objective that is as impractical as it is imprudent. It rather considers more limited ways in which existing codes of ethics, particularly as adopted by leading organizations, can be further developed so as to constructively interface with the emerging Singapore framework.

Source Publication

American Journal of Mediation

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