SIDRA releases highlights from 2022 Survey with Mediation taking center stage

The Singapore International Dispute Resolution Academy (SIDRA) launched the inaugural International Dispute Resolution Survey back in 2019, with the second edition published in August 2022 (2022 SIDRA Survey). The surveys focus on user experience and satisfaction with various international dispute resolution mechanisms, such as international commercial mediation. 
Respondents to the 2022 SIDRA Survey commented that they chose mediation mainly due to contractual obligations (67 percent) and external counsels’ advice (61 percent), and that they value the preservation of business relationships and confidentiality that mediation proffers.
The heart of a successful mediation lies with choosing the right mediator, i.e. whether to opt for one that has more extensive industry knowledge (89 percent) or one that has more dispute resolution experience (94 percent). 

While respondents to the 2022 SIDRA Survey find these two to be crucial, they appear to be less satisfied with the industry knowledge of the mediators (56 percent) as compared to the dispute resolution experience (72 percent).
The benefits of mediation have not gone unnoticed in the realm of investor-State dispute settlement (ISDS), with mediation rising as the second choice of dispute resolution in the 2022 SIDRA Survey, overtaking litigation that was indicated as the former second choice in the 2019 iteration. 
Respondents to the 2022 SIDRA Survey found factors such as cost, procedural flexibility and clarity and transparency in the rules and procedures important, but unfortunately, were not so satisfied with them. They were also particularly unhappy with direct enforceability and finality. 80 percent of the respondents had indicated that they found these two factors to be important, but only 20 percent were satisfied with it. It remains to be seen if, and how, concerns of direct enforceability and finality will change in the future, especially with the Singapore Convention on Mediation taking shape.

If you are interested in contributing to future editions of the SIDRA Survey and have experience in international dispute resolution (as an external counsel, in-house counsel or C-suite executive), please access the link here: https://sidra.smu.edu.sg/2023-sidra-survey-call-responses. The survey closes on 15 December 2023.