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Ways to Promote Mediation in Investor-to-State Disputes
Mediation is an amicable dispute resolution tool that is speedy, cost-effective, flexible, and tailored to the needs of the disputing parties, which can facilitate trade and investment.
However, the merits of mediation may not be fully realized in investor？state disputes due to the unique characteristics of governments, including accountability concerns, diverse stakeholders, and transparent and equitable rule-based administration.
Mandatory mediation, clear mandates, coordination among line ministries, and the involvement of globally reputable institutions such as the International Centre for Settlement of Investment Disputes (ICSID) can enable a state to use mediation in investor？state disputes.
Ratifying the Singapore Convention on Mediation, which ensures the enforceability of mediated settlement agreements, can facilitate the broader use of mediation, including in investor-to-state disputes.
Capacity building for enhancing awareness of investment mediation should be carried out in a targeted, tailored, and systemic manner.
However, the merits of mediation may not be fully realized in investor？state disputes due to the unique characteristics of governments, including accountability concerns, diverse stakeholders, and transparent and equitable rule-based administration.
Mandatory mediation, clear mandates, coordination among line ministries, and the involvement of globally reputable institutions such as the International Centre for Settlement of Investment Disputes (ICSID) can enable a state to use mediation in investor？state disputes.
Ratifying the Singapore Convention on Mediation, which ensures the enforceability of mediated settlement agreements, can facilitate the broader use of mediation, including in investor-to-state disputes.
Capacity building for enhancing awareness of investment mediation should be carried out in a targeted, tailored, and systemic manner.
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