The enforcement and setting aside of mediation settlement agreements : a comparison between German and international commercial mediation

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.

Grantor dc:publisher.institution

Department of Commercial Law

Year dc:date.issued

2015

Author dc:creator

• Wilking, Felix

Advisor dc:contributor.advisor

• Rycroft, Alan

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/16938

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/16938