Mediation has long been recognized as an important means of resolving disputes in good faith across many nations and peoples, and is even codified in Article 33 of the Charter of the United Nations. China initiated and announced the plan to establish the International Organization for Mediation (IOMed) on 21 October 2022. After nearly three years of preparation, The Signing Ceremony of the Convention on the Establishment of the International Organization for Mediation (IOMed) was held in Hong Kong on 31 May 2025, with 33 countries and territories signing and becoming founding members of the organization. This is the world’s first intergovernmental organization for mediation, with the mission of “promoting and facilitating the peaceful settlement of international disputes and strengthening friendly relations and cooperation among states through mediation.”
IOMed is designed to be open and inclusive for all states and regional integration organizations. States that have signed or endorsed the Joint Statement on the Establishment of IOMed will become founding members if they agree to be bound by the Convention within five years from the date it enters into force, while other states will have two years to complete this procedure.
IOMed is a legal entity, with the capacity to: (a) enter into contracts; (b) acquire, own, and dispose of movable and immovable property; (c) participate in legal proceedings as either claimant or respondent; and (d) undertake any acts necessary to achieve its purposes and functions. IOMed’s institutional structure comprises three main bodies: (1) the Governing Council, consisting of representatives from all member states; (2) the Secretariat, headed by the Secretary-General, responsible for day-to-day operations, serving as the legal representative of IOMed, managing personnel matters, and coordinating inter-agency work to ensure the implementation of the Convention; and (3) the Panels of Mediators, the technical body responsible for appointing appropriate mediators for each case. IOMed establishes two types of mediation panels: one for state-to-state mediation, and another for international commercial or investment disputes between private parties or between states and investors. In addition, IOMed may establish subsidiary or advisory bodies to support its technical functions.
The scope of IOMed’s activities includes: (1) disputes between states, (2) disputes between a state and nationals of another state, and (3) international commercial or investment disputes between private parties.
A question that arises is whether the IOMed Convention provides an enforcement mechanism for mediated settlement agreements that is similar to, overlaps with, or conflicts with the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) ?
Since its entry into force on 12 September 2020, the Singapore Convention has established a unified and efficient framework for the recognition and enforcement of international mediated settlement agreements. With 58 signatories and 18 ratifications as of 3 July 2025, the Singapore Convention has become a significant legal foundation, allowing international commercial mediated settlement agreements to be directly enforced in member states.
In essence, the IOMed Convention and the Singapore Convention pursue two entirely different objectives. IOMed establishes an intergovernmental organization dedicated to mediation, which administers the entire process of resolving international disputes through mediation—from promoting mediation, selecting mediators, and organizing mediation sessions to recording the final outcome. In contrast, the Singapore Convention does not regulate the mediation process; its scope is limited to ensuring that the international mediated settlement agreements reached by the parties become binding and can be recognized and enforced in member states. The Singapore Convention provides a unified and effective framework for enforcing and “invoking” (Article 3(2)) international mediated settlement agreements. In other words, while the Singapore Convention functions as an “enforcement mechanism” that safeguards the results of mediation, the IOMed Convention contributes by creating the institutional and procedural basis necessary for the mediation process. The IOMed Convention is therefore a “comprehensive mechanism” for resolving disputes through mediation, with the aim of promoting and facilitating the peaceful settlement of international disputes and fostering friendly relations and cooperation among states.
Regarding the enforcement of mediated settlement agreements, a notable feature of the IOMed Convention lies in its approach to legal effect and enforceability of mediation outcomes. Articles 40 and 41 of the IOMed Convention affirm that settlement agreements resulting from mediation conducted under the Convention are both legally binding and capable of being enforced within the domestic legal systems of member states. This model—consensual dispute resolution with legally binding effect—complements and aligns with the Singapore Convention rather than overlapping or conflicting with it. The Singapore Convention reinforces party autonomy and requires the good-faith performance of mediated settlement agreements, while obligating courts of member states to recognize and enforce international commercial mediated settlement agreements that meet the Convention’s requirements.
The combined operation of these two instruments is considered to strengthen the legal foundation and enhance the practical feasibility of cross-border mediation, thereby increasing the legitimacy of this method in complex international commercial disputes
For more information about IOMed here
