The enforcement and setting aside of mediation settlement agreements : a comparison between German and international commercial mediation
Master Thesis
2015
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University of Cape Town
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Abstract
The number of disputes solved through mediation has increased steadily over the last centuries. A mediation settlement agreement is supposed to end a dispute. But from time to time it can be the beginning of a new dispute. Parties to the mediation settlement agreement might want to get rid of it meanwhile the other party seeks for enforcement of the agreement. This minor dissertation examines the possibilities of the parties as to the questions of enforcing and setting aside of mediation settlement agreements in Germany and in international mediation. It furthermore deals with the attempts of international unification through the EU Directive 2008/52/EC and the proposed UNCITRAL Convention on International Commercial Mediation and Conciliation.
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Wilking, F. 2015. The enforcement and setting aside of mediation settlement agreements : a comparison between German and international commercial mediation. University of Cape Town.