Harmonizing UNCITRAL Conciliation and State Mediation Law: Developments in Civil Mediation Reform

Abstract

The UNCITRAL Model Law on International Commercial Conciliation was introduced in 2002. Now over a decade later, it is important to consider the impact of the Model Law on domestic mediation regimes including Hong Kong, the UK, China. In general, China and Hong Kong’s institutional rules bear a closer resemblance to the UNCITRAL International Commercial Conciliation Rules 1980 than to the UNCITRAL MLICC 2002. Hong Kong was among the pioneers in incorporating the ideas of the Model Law into its domestic mediation regime. The United Kingdom has been indirectly influenced by the MLICC through the implementation of the EU Mediation Directive, however the EU Directive did not entirely adopt MLICC. In general, we see a slow and gradual acceptance of the MLICC overall, despite mediation growing in popularity. At the same time, we see now that the core principles of party autonomy and the impartiality of the mediator are common across all three jurisdictions. The procedural flexibility of the MLICC corresponds with the diversity of mediation regimes throughout the world.

Keywords: UNCITRAL, Conciliation Rules, Model Law, Legal Reforms in Asia, Harmonization

JEL Classification: K01