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Mediation's Growth In The International Commercial Community

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Mediation's Growth In The International Commercial Community

Author : Perry Goldlust

Submitted : 2013-12-28 18:16:02    Word Count : 489    Popularity:   Not Rated

Tags:   Business Mediation, Commercial Mediation, Business Dispute Mediation, Delaware Mediator, Delaware Arbitrator, International Mediation, Delaware Employment Mediation, Delaware Business Mediation, International Bargaining, International Dispute

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The effectiveness of mediation as an alternate dispute resolution (ADR) technique is recognized by almost everyone involved in any sort of dispute resolution, whether professional attorneys, arbitrators, or simply the parties involved. Only a few kinds of professions and people still doubt its power these days. Still, the use of meditation as a resolution tactic is still slow in growth and penetration in some sectors of the business and commercial world. In these sectors, there are still many people who believe that they must litigate every disagreement simply because they have the resources with which to hire a lawyer.

The EU Directive

Despite the unsatisfactory state of mediation in the commercial sphere, mediation's growth in the international community has begun to show signs of change and increase. Because of the EU Directive 2008/52/EC, mediation has seen a surge in popularity as this is viewed by many as the European Union's support and preference for mediation as a dispute resolution tactic. In order to avoid a horribly tangled mess because of different codes and lawsuits that span borders, member countries of the EU are therefore (wisely) encouraged to promote mediation as a means of commercial dispute resolution.

EU member states each apply the Directive in their own way because it was vaguely worded. As a result, there has been confusion on which kinds of disputes merit mediation. Some countries, seeking to have uniformity in their approach, require mediation in all kinds of commercial disputes, whether they may be international or domestic. Others require that only lawyers can conduct mediations while others do not; and others have deemed it as purely voluntary.

The JAC

When the Jerusalem Arbitration Center (JAC) was set up to conduct mediations between Israeli and Palestinian businesses that have disputes, business owners and legal professionals around the region took it as a sign of the growing importance and popularity of mediation as an ADR tactic. The establishment of the JAC implies a growing determination to use mediation in international commercial disputes and is still one of the major mediation initiatives outside the EU Directive in an area of the world where it can be imagined that mediation would be difficult, if not impossible.

Because of mediation's progress and growing reputation in the resolution international commercial disputes, it is now more important than ever that better mediation training and certification be available worldwide. International mediation is already difficult even without the different requirements and schemes in place. It becomes even harder to determine if a mediator is properly qualified to handle an international dispute because of inconsistent and non-standardized training for international mediation techniques. This issue needs to be addressed sooner than later, especially if owners and legal teams of international businesses are counting on mediation to help resolve disputes out of court and away from the public eye.

Author's Resource Box

Learn how mediation can help you resolve any commercial and business disputes through interest-based bargaining. Mr. Goldlust is offering his confidential services to parties jointly requesting a neutral facilitator in matters relating to employment, union management relations and general commercial disputes. Call 302-483-2000 or visit http://www.perryfgoldlust.com

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