1. What is the Convention on the International Organisation for Mediation (CIOM)?
The CIOM is a multilateral treaty signed on 30 May 2025 by a diplomatic conference in Hong Kong. Its primary purpose is to establish the International Organisation for Mediation (IOMed), headquartered in Hong Kong, a new permanent intergovernmental body dedicated to providing mediation services for resolving international disputes between States. Crucially, the Convention designates Hong Kong, China, as the seat (headquarters) of this new organisation. 33 countries from Africa, Asia, Europe and Latin America, including China, signed as founding members. The ceremony was very well attended by dignitaries from all over the world, including representatives from the United Nations.
2. Significance to the ADR Industry
The establishment of the IOMed via the CIOM is another major landmark development for the Alternative Dispute Resolution (ADR) industry, particularly for international mediation. Some of the obvious benefits include:
Elevation of Mediation's International Status: Having witnessed the significant impact the Singapore Convention on mediation had globally, the CIOM builds on the foundation laid by the Singapore Convention through the physical manifestation of a headquarters for mediation. This represents another strong global endorsement of mediation as a primary tool for resolution, placing it on par with other major ADR organisations such as the ICC for arbitration, which has always been well represented in the international legal architecture.
Creation of a Permanent Global Hub for Mediation: IOMed will become the first permanent intergovernmental organisation solely dedicated to international mediation, providing a stable, institutional framework previously lacking compared to arbitration (e.g., PCA, ICC).
Boosts Legitimacy & Trust in Mediation: IOMed's intergovernmental nature lends significant legitimacy and trustworthiness, encouraging States to choose mediation over more adversarial or costly options.
Puts Hong Kong on the map as a Global ADR Centre: Hosting the HQ cements Hong Kong's position as a leading global hub for international dispute resolution, alongside its existing strengths in arbitration. This attracts talent, services, and related economic activity.
Harmonisation & Best Practice in Mediation: IOMed is expected to develop and promote harmonised rules, standards, and best practices for complex international mediations, benefiting the wider ADR profession.
Boost Demand for Mediators and Mediation Skills: A permanent institution with a standing panel will create significant new opportunities and demand for highly specialised international mediators and support professionals.
Symbolic Importance of IOMed: It signals a global shift towards collaborative, interest-based resolution of international disputes, aligning with the core philosophy of ADR.
3. How the Organisation (IOMed) Will Work in Practice
Governance: The IOMed will be governed by a Conference of State Parties comprising all signatories/member states, which will regularly review the organisation's mission, budget, and elect governing members. A smaller Governing Council will be responsible for day-to-day oversight. Article 16
Secretariat: As previously mentioned, the HQ will be based in Hong Kong and headed by a Secretary-General, handling administration, case management, and institutional support.
Scope of Mediation Services:
Primary Role: IOMed will be responsible for providing mediation services for the resolution of disputes between States. IOMed will also be responsible for the mediation of disputes between States and International organisations or other entities where the parties agree.
Initiation: Mediation is initiated based on an agreement between the disputing parties (e.g., a compromis, a treaty clause) or potentially by a unilateral request accepted by the other party(ies) and approved by the Governing Council.
Process: Mediations will follow the rules of procedure to be adopted by the Governing Council. The process will be flexible and confidential, guided by the appointed mediators.
4. Type of Mediation Supported
Three major types of mediation are supported; however, IOMed's primary focus is on Inter-State Mediation, disputes between sovereign nations in various areas, e.g., territorial, treaty interpretation, trade, environmental, and diplomatic conflicts. It also provides for commercial or investment disputes involving international organisations or potentially other entities (e.g., non-state actors in specific contexts), but only if all disputing parties agree and the Governing Council approves. Lastly, it applies to commercial disputes involving private persons.
Nature: The mediation process supported will inherently be facilitative, focusing on assisting parties to reach a voluntary agreement. It may incorporate elements of evaluative mediation if the parties and mediators agree, given the complex legal/political nature of state disputes. It is explicitly not adjudicative or arbitral.
5. Mediator Requirements & Joining the Panel
Qualification of Mediators – Designated mediators in the general panel shall be persons of high moral character and recognised competence in specialised fields such as law, industry, or commerce. For the State-to-State panel, the designated persons shall have the same attributes and additionally have technical competence in international law, diplomacy, international relations, or political and economic affairs with extensive political skill and judgement. Article 21
Diversity: The panel must reflect representation from different geographical regions and legal systems.
Appointment to the Panel:
Each Member State can nominate up to five candidates meeting the criteria – Article 20.
The Secretary-General can also nominate up to twenty candidates meeting the criteria, ensuring broader expertise and diversity.
The Governing Council appoints mediators to the Standing Panel from these nominated lists for a term of five years (renewable), Article 23.
6. What This Means for the Mediation Industry in Practice
Professionalisation: Raises the bar for international mediators, emphasising the acquisition of formal qualifications in mediation, proven competence, and adherence to high ethical standards.
Specialisation: Creates a niche for mediators specialising in complex geopolitical, inter-state, and public international law disputes.
Career Pathway: Provides a prestigious new career avenue for experienced international mediators and related professionals (e.g., international lawyers, diplomats, subject-matter experts).
Best Practice and Standard Setting: IOMed will likely become a key driver in developing global standards, rules, and best practices for complex international mediation.
Increased Visibility & Usage: Enhances the global profile of mediation as a viable state-level dispute resolution mechanism, likely leading to increased uptake.
HQ Host State Advantage: The selection of Hong Kong a special administrative region of China, as the preferred HQ will undoubtedly boost its position not only as a credible ADR ecosystem, it will also offer opportunities for local and international practitioners, institutions, and service providers to engage with and support IOMed's work.
Evolution of Mediation Practice: Handling the most sensitive international disputes will inevitably push the boundaries of mediation practice, leading to innovation in techniques and approaches for multi-party, high-stakes conflicts.
7. Conclusion:
The Convention establishing the International Organisation for Mediation (IOMed) in Hong Kong is a transformative development for international dispute resolution. It signifies a major commitment by the international community to the use of mediation as a primary tool for resolving State conflicts. By creating a permanent, credible, and institutional framework with high standards, the IOMed elevates the stature of mediation, creates significant new opportunities for ADR professionals, and positions Hong Kong firmly at the forefront of global dispute resolution innovation. Its success will depend on widespread ratification of the Convention and the effective operationalisation of the IOMed, but its potential impact on the ADR industry and the peaceful settlement of international disputes is profound.
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