A mediation settlement is only as strong as the process behind it. Proper documentation may not be the exciting part, but it can make all the difference.
Recently, our partner and member of the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) Mediation Advisory Board, Natascha Tunkel, spoke at the International Summer School of Mediation "Cross-border Mediation: Singapore and Hong Kong Conventions" , about document flow in cross-border mediation, from documenting consent to mediate and establishing the procedural framework to mediation protocols, settlement documentation and electronic document management, including questions of data protection and confidentiality.
Documentation is not just paperwork; it is part of designing the process.
What is recorded during a mediation – and how it is recorded – can provide the clarity, confidence and predictability parties need to engage meaningfully. A well-designed documentary framework helps parties understand where they stand throughout the process and enhanses the reliability of the settlement across borders, particularly under the Singapore Convention.
The setting was particularly fitting: the Summer School brings together mediators and experts from across Central Asia and beyond to exchange practical experience and strengthen cross-border cooperation, exactly the kind of dialogue that effective cross-border mediation requires.
A big thank you to the Ministry of Justice of the Kyrgyz Republic, the Consortium of Mediators of Central Asian Countries, UNDP Kyrgyzstan and their partners for facilitating this valuable exchange.