HOW MEDIATION IS CHANGING THE DISPUTES LANDSCAPE
by Singapore International Dispute Resolution Academy (SIDRA)
As the demand for flexible and enforceable dispute resolution grows, mediation is well-positioned to complement arbitration within the ecosystem of cross-border disputes. A raft of recent developments in practice and policy by states, international organisations, and institutions have supported the use of mediation for the settlement of commercial and investment disputes. In this panel event, the Singapore International Dispute Resolution Academy (SIDRA) unpacks the latest developments and best practices for participants. Participants can expect to gain practical insights on deploying mediation to complement their toolbox of dispute resolution skills when resolving disputes for clients.
Registration begins at 9:00 AM (Moscow time).
| Time | Description |
| 0900 to 0915hrs | Registration and Refreshments |
| 0915 to 0920hrs | Moderator's Introduction |
| 0920 to 0930hrs | Welcome Remarks by Ms Charlene Chang, Deputy Secretary, Ministry of Law, Singapore |
| 0930 to 0950hrs | Discussion on the Singapore Convention |
| 0950 to 1010hrs | Discussion on Commercial Mediation |
| 1010 to 1025hrs | Break |
| 1025 to 1045hrs | Discussion on Investor-State Mediation |
| 1045 to 1100hrs | Q&A |
The panel will discuss the following:
A. Usage of the Singapore Convention on Mediation. A landmark multilateral treaty that strengthens the enforceability of mediated settlement agreements, the panel will reflect on the scope of its signatories and ratifications in 2025, effects of its key provisions, and its enduring role in enhancing the credibility and appeal of mediation for complex cross-border disputes.
B. Usage of mediation in commercial disputes. The panel will highlight how businesses across sectors are leveraging mediation to resolve high-value disputes in a manner that is adaptive to global business environments. The panel will discuss industry best practices in creating resilient multi-tiered dispute resolution clauses, mediated settlement agreements, and institutional developments that both suggest and support growing adoption of mediation within the toolbox of dispute resolution professionals.
C. Usage of mediation in investor-State disputes. The panel will address changes to the legal and policy frameworks governing investor-state dispute settlement to assist parties in engaging in non-adversarial dispute settlement. As States and investors alike express concern about the length and cost of disputes, both ICSID and UNCITRAL Working Group III have introduced procedural innovations to encourage the use of mediation as an equally appropriate mechanism to address common challenges inherent to investor-state disputes.
The event will begin with coffee and refreshments.
More details on the speakers can be found here:
KC Lye is an independent Arbitrator & Counsel with Breakpoint LLC. KC began his practice as a commercial litigator at the Singapore Bar before switching to international arbitration in the late 1990s. He spent many years as the head of the disputes department of a major international firm in Singapore.
KC focuses on international arbitration and mediation as counsel and arbitrator. He been involved in a wide variety of matters involving a range of sectors in South-East Asia with a focus on oil and gas and on infrastructure projects. KC has represented clients in arbitrations and mediations in London, Hong Kong and Singapore. KC has also accepted numerous appointments to sit as arbitrator, both as sole arbitrator and as part of a panel, in commercial cases run the usual major arbitral institutes. KC is a Fellow of the Singapore Institute of Arbitrators and is on the panel of arbitrators of the AIAC, HKIAC and SIAC.
Mark McLaughlin is the Assistant Professor of Law at the Yong Pung How School of Law, Singapore Management University and Singapore International Dispute Resolution Academy (SIDRA).
Mark has been a trainer for government officials around the world in managing their investment treaty commitments and navigating investor-state disputes. In 2022, he became of a member of the ISDS Academic Forum. His research areas are international economic law and dispute resolution, particularly arbitration and mediation. He has published in leading international journals on novel areas of law, such as investor-state mediation, state-owned enterprises, and emerging technologies.
Yuying Zhang is a Senior Research Associate at the Singapore International Dispute Resolution Academy, focussing on arbitration and mediation. She co-authored the SIDRA Survey 2024: Final Report and contributed to a Singapore Ministry of Law project on reforming the International Arbitration Act. Her work has been published in leading journals, and she has presented at international forums such as UNCITRAL and ANZSIL. An accredited mediator, she has also conducted training in countries including Brunei, Vietnam, and Samoa. Yuying teaches dispute resolution at the Yong Pung How School of Law as an Adjunct Teaching Mentor.
The session will be moderated by A/Prof Darius Chan. He is the Deputy Director of the Singapore International Dispute Resolution Academy and teaches dispute resolution at Singapore Management University. Concurrently, he has represented clients in mediations, as well as negotiations against States in investor-state disputes. Bilingual in English and Chinese, Darius is qualified in New York, England and Singapore. He has been appointed emergency, sole and presiding arbitrator in arbitrations under a variety of governing laws. Darius is ranked a Litigation Star by Benchmark Litigation, a Band 1 Junior by Legal 500, and a Global Elite Thought Leader by Who's Who Legal Arbitration Future Leaders.
