(Amendment to the 2002 Model Law on International Commercial Mediation of the United Nations Commission on International Trade Law)

        The Model Law aims to assist countries in reforming and updating their laws on mediation procedures. The Model Law provides uniform rules for the mediation process, aiming to encourage the use of mediation and ensure greater predictability and certainty when using mediation.

        The Model Law was first passed in 2002, known as the Model Law on International Commercial Mediation, which addresses mediation procedures.

        In 2018, the Model Law was amended by adding a section on international settlement agreements and their implementation. The Model Law has been renamed as the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation. The term used by the United Nations Commission on International Trade Law in previously adopted regulations and related documents is "mediation", but it is understood that the terms "mediation" and "conciliation" are interchangeable. When revising the Model Law, the committee decided to use the term "mediation" in response to the actual and customary usage of these terms, with the expectation that this change would help promote the Model Law and increase its visibility. This change in terminology has no substantive or conceptual impact.

        To avoid uncertainty caused by the lack of statutory provisions, the Model Law deals with the procedural aspects of mediation, including the appointment of mediators, the initiation and termination of mediation, the conduct of mediation, communication between mediators and other parties, confidentiality and the admissibility of evidence in other procedures, as well as post mediation issues such as mediators acting as arbitrators and the enforceability of settlement agreements.

        The Model Law provides uniform rules for the enforcement of settlement agreements and also addresses the right of one party to invoke settlement agreements in the proceedings. The Model Law provides a detailed list of grounds for refusal of relief that a party may invoke in the proceedings covered by the Model Law.
The Model Law can serve as a basis for enacting mediation legislation, including, if necessary, enacting legislation to implement the United Nations Convention on International Settlement Agreements Resulting from Mediation (also known as the Singapore Convention on Mediation).

        In 2002, in conjunction with the Model Law, the Commission adopted the "Guidelines for the Issuance and Use of the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation" by the United Nations Commission on International Trade Law. The "Guidelines for Issuance and Use" is a tool that provides background and explanatory information that countries can use in the process of modernizing legislation in the field of mediation. The "Guidelines for Issuance and Use" also provide useful insights into the Model Law for copywriters.