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Mediation's Rise In International Commercial Disputes


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Mediation's Rise In International Commercial Disputes

Author : O. Meredith Wilson

Submitted : 2013-12-25 18:56:03    Word Count : 435    Popularity:   Not Rated

Tags:   Portland mediation, Portland arbitration, Oregon mediation, Oregon arbitration, commercial mediation, International mediation, Portland insurance mediator, International mediator, business mediation, International arbitration

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International mediation used in commercial disputes has become increasingly popular in the last 20 years, after domestic mediators have used this form of alternative dispute resolution effectively in numerous industries.

Mediation's growth in general has followed many reforms to the civil justice system after it became clear that litigation could be burdensome, time-consuming, and expensive for the parties involved. Overwhelmed court dockets meant significant delays in many cases that could have been effectively resolved outside courtroom doors. The positive reception of mediation has provided a foundation for the use of this tool in an international context.

The majority of mediations currently taking place are domestic, but several experienced mediators are helping to blaze a trail of best practices for international mediation. Legislation in the European Union under EU Directive 2008/52/EC, The Preamble of the Directive states:

(6) Mediation can provide a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to preserve an amicable and sustainable relationship between the parties. These benefits are even more pronounced in situations displaying cross-border elements.

Many EU member states have taken this concept and wording and applied it on the domestic frontier, too. While some countries have suggested domestic mediation as an option, others, like Italy, are promoting it as a mandatory measure. To date, since international mediation is relatively new, it's critical that trained and experienced mediators handle cases of cross-border disputes. When used appropriately, mediation can be used to resolve a wide variety of international issues. As the process is understood and used more widely, the effectiveness will only be improved.

Although international lawyers will have significant experience with understanding cultural differences between parties involved in international disputes, the skills of the mediator can make or break the success of a complex dispute case. A trained mediator will spend significant time learning as much as possible about the parties involved in the dispute and the root of the dispute itself in order to lay the groundwork for a successful mediation. In order for mediators to play the critical role needed in complex international disputes, they must be involved in communication and relied on heavily during the case. Understanding expectations, investing time in the parties and the key concerns of the dispute, and leading constructive conversations can lead a mediator to success in international issues.

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Met Wilson is a mediator and arbitrator practicing in Portland, Oregon specializing on commercial disputes, claims against broker-dealers, consumer claims, real property disputes, franchise disputes, employee claims, construction claims, contract claims, insurance coverage disputes and business torts. For assistance in any of these areas, please call Met Wilson at 503-972-5090 or visit http://wilsonadr.com/

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