New Reforms for Enforcing Mediation Settlement Agreements in Japan

Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process.

1. Proposals for New Legislation to Enforce Mediation Settlement Agreements

In February 2022, the Committee on the Reform of International Arbitration in Japan (the “Committee”) issued their proposals for new legislation to enforce settlement agreements concluded in mediation (the “Proposals”). This is part of a series of initiatives by the Japanese government to improve its international dispute resolution mechanism, which have been ongoing since 2017.

In 2021, the Committee submitted their proposals for reforms to the Arbitration Act of Japan to update the Act in line with the UNCITRAL model arbitration law (2006). The bills on the reforms of both arbitration and mediation are expected to be submitted to the Diet later in 2022 or in the following year.

2. Responding to the Singapore Convention on Mediation

In September 2020, the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) came into force to provide a mechanism to enforce settlement agreements concluded by international mediation. While Japan is not a signatory of the Singapore Convention as of today, mediation and arbitration have gained more attention in Japan as instruments for solving international business disputes. The Proposals recommend that the new legislation stipulate the enforcement process of settlement agreements resulting from international mediation under certain requirements before Japanese courts. The recommendation is a response to the requirements in the Singapore Convention. However, the Proposals suggest that the new legislation is applicable only when the parties of mediated settlement agreements have agreed that the enforcement process may be carried out in accordance with the Singapore Convention or its implementation act in Japan. It appears that the Proposals are based on the assumption that Japan would declare a reservation pursuant to Article 8 of the Singapore Convention when it would sign the Convention.

3. Enforcement Mechanisms for Settlement Agreements Concluded by Domestic Mediation

Domestic mediation in Japan is often used for settling relatively small disputes between individuals or between companies. Under the current mediation mechanism in Japan, the parties may not be represented by attorneys in some cases. Considering such practices, the Proposals are cautious about the scope of the mediated settlement agreements which shall be enforceable. The Proposals recommend that the Japanese courts enforce only mediated settlement agreements made in a certified alternative dispute resolution process based on a specific act.

The Proposals also suggest that the new legislation is applicable only when the parties of mediated settlement agreements have agreed that the enforcement process may be carried out in accordance with the settlement agreements.

Carl Islam Is Now a Fully Qualified Commercial Mediator

In a significant milestone for the field of mediation, Carl Islam has been recognised as a fully qualified and accredited member of the Society of Mediators (SoM) in London. This prestigious achievement comes as a testament to Carl’s dedication and expertise in the realm of Commercial Mediation. This article delves into Carl Islam’s journey, the Society of Mediators, and the invaluable services he offers as a Mediator specialising in Contentious Probate, Inheritance Act, & Trust Disputes.

The Society of Mediators: Pioneering Conflict Resolution

Founded in 2012 as a registered charity, the Society of Mediators (SoM) has been on a mission to revolutionise conflict resolution by promoting mediation as a viable alternative to litigation. This non-profit organisation is committed to advancing public education on mediation and advocating for its use in the public interest. One of the key objectives of the SoM is to provide free mediation services to those who may not have access to conventional mediation providers.

Carl Islam’s Journey to Mediation Excellence

Carl Islam’s journey to becoming a fully qualified Commercial Mediator is a testament to his dedication and commitment to the field. With a background as a practising Barrister, TEP (Trust and Estate Practitioner), and Certified Mediator, Carl brings a wealth of legal knowledge and expertise to his mediation practice.

Notably, Carl Islam has achieved MSoM status, becoming a panel member of the prestigious Society of Mediators in London. This achievement reflects his exceptional skills and dedication to the principles of mediation.

Specialising in Contentious Probate, Inheritance Act, & Trust Disputes

Carl Islam’s specialisation lies in Contentious Probate, Inheritance Act, and Trust Disputes, including international trust disputes. These areas of mediation require a nuanced understanding of legal intricacies and a deft touch in resolving emotionally charged family and inheritance conflicts.

Zoom Mediations: Embracing Technology for Effective Resolution

To enhance accessibility and convenience for his clients, Carl Islam has embraced modern technology. In January 2022, he completed the Zoom Mediations course offered by the Society of Mediators. This training equips him to conduct pre-mediation meetings and mediations seamlessly through virtual platforms, right from his home office in Leicestershire.

Mediation of Art & Cultural Heritage Disputes

In addition to his expertise in probate, inheritance, and trust disputes, Carl Islam is pioneering a unique niche practice area: ‘Art and Cultural Heritage’ mediation. This emerging field addresses conflicts related to the preservation, ownership, and cultural significance of art and heritage artifacts. Carl’s dedication to expanding the scope of mediation to include these matters demonstrates his forward-thinking approach.

Access Carl Islam’s Mediation Services

For those in need of mediation services in Contentious Probate, Inheritance Act, Trust Disputes, or Art and Cultural Heritage matters, Carl Islam is readily available. To request a copy of Carl Islam’s Mediation Agreement and to arrange a free preliminary consultation via Zoom, you can reach out to him at +44 (0) 207 936 3030 or via email at carl@ihtbar.com.

Conclusion

Carl Islam’s achievement of becoming a fully qualified and accredited MSoM panel member with the Society of Mediators is a significant milestone in the world of mediation. His expertise in Contentious Probate, Inheritance Act, Trust Disputes, and his innovative approach to Art and Cultural Heritage mediation make him a distinguished figure in the field. With a commitment to accessibility and modern technology, Carl Islam is poised to continue making strides in conflict resolution, changing lives, and fostering peaceful resolutions in complex legal matters.