Originally from Alternatives to the High Cost of Litigation

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Mediation has been hailed for its potential to restore relationships, and cost and time-savings. But despite its benefits, there are circumstances that arise where postponing or ultimately terminating mediation is professional.

The 2021 United Nations Commission on International Trade Law Mediation Rules, which regulates mediation, stipulate prerequisites for international mediation. There are universally recognized requirements for a valid mediation, including the voluntariness of the mediation process, confidentiality, and neutrality of the mediator. Articles 1, 3, 4, 5, and 6 of the 2021 Uncitral Mediation Rules (available at https://bit.ly/3RsbhKT).

Depending on the situation or incurability of a deviation from the established requirements, the mediation qualifies for postponement or termination. Nevertheless, some factors justify both postponement and termination. They can be obvious, and they can be subtle and potentially complicated.