INTRODUCTION

The International Mediation Institute (IMI) in collaboration with the Institute for Dispute Resolution (IDR) at New Jersey City University is conducting a research project to collect information directly from businesses for presentation at the United Nations Commission of Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation).  The Working Group is considering whether to adopt a Convention on the enforceability of settlements resulting from international commercial mediation and seeks User input on the issue. The next meeting of the Working Group is in February 2017 in New York City.

The aim of the survey is to explore the views of businesses on whether and how cross-border settlements reached through mediation are enforceable around the world. Delegates to the UNCITRAL Working Group II meetings are interested in this input to help them make informed decisions in their work on such an instrument by having direct input from parties involved in cross-border disputes. At this point comprehensive research data on the subject is practically non-existent because the idea to develop such an instrument is recent.

We reach out to you to express views and share experiences by participating in this short survey: Please encourage other business users of dispute resolution services to complete the survey by sending them the link https://www.surveymonkey.com/r/IMI-Enforceability-Survey-for-UNCITRAL. The survey should only be completed by businesses, not their advisers or other third parties, in order to obtain a purely commercial viewpoint.

The Survey is also available to complete in Turkish, Hungarian and Portuguese languages at:

Turkish: https://www.surveymonkey.com/r/uncitral-anket
Hungarian: https://www.surveymonkey.com/r/IMI-Enforceability-Survey-for-Uncitral-Hungarian
Portuguese: https://www.surveymonkey.com/r/Mediacao-comercial-int-exequibilidade-de-acordos-mediacao-pesquisa-int

It will take only a few minutes to complete, but the information gathered will be very important for shaping the future of cross-border business dispute resolution.

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