The Singapore Arbitration Act treats mediation and conciliation procedures in the same way and does not discriminate. However, what characterizes Singapore`s national mediation regime is the passage in 2017 of the Mediation Act (Law 1 of 2017), which has significantly strengthened the framework for the implementation of private settlements in Singapore. In this sense, the Ontario Superior Court in Rawlins v. Rawlins 258 S.E.2d 187 (Ga. Ct. App. 1979) asked the courts to be extremely vigilant and to set aside transaction agreements only in exceptional cases, for example. B if there is clear evidence of coercion, fraud, bad faith or false instructions. Party autonomy, which is generally the basis of a conciliation agreement, aims to eliminate the traditional application phase. Unfortunately, in cases where one of the parties unilaterally decides to violate this conciliation agreement, it is very surprising to know what is good for the other party. In India, there is no law providing for the application of agreements concluded as a conclusion of mediation between the parties. The Indian Arbitration and Conciliation Act of 1996 (“Act”) under Section 30, in accordance with UNCITRAL`s model International Commercial Arbitration Act, promotes the resolution of disputes through mediation in the event that the Arbitration Tribunal finds elements of settlement between the parties to the dispute.
In such a scenario, the arbitration tribunal may register the transaction between the parties in the form of an arbitration award on agreed terms which, like any other arbitration award, can be enforced and executed in accordance with Section 36 of the Act. 2. If the parties reach an agreement on a settlement of the dispute, they can develop and sign a written conciliation agreement. At the request of the parties, the conciliator can develop the transaction agreement or assist the parties in developing it. In Singapore, parties to private mediation can apply directly to a court and refer to their negotiated transaction contract as the Tribunal`s “order.” This allows the agreement to be enforced directly by a court in the unfortunate case of a unilateral violation. Similar provisions are provided in the French Code of Civil Procedure, in which parties to private or contractual mediation can apply to the Tribunal for recognition (approval) of their mediation. The BGB also allows the count to be counted in an execution action directly executable according to the special procedure with the agreement of both parties. Other countries, such as Spain and Belgium, have their legislation in the same way. Ld. Single Judge found that the parties themselves were involved in conciliation proceedings by appointing lawyers who actively negotiated and entered into the transaction agreement. The content of the settlement agreement and the minutes of the respondents` meetings are section 73 and the respondents cannot challenge their own position. The Court also found with regret that the respondent did not disclose that the counsel appointed by the respondents had received a certified copy of the settlement agreement.