Written By Eileen Carroll & Karl Mackie
Originally regarded largely as a dispute resolution procedure for domestic consumption, and even so mainly for small and medium-sized claims and non-commercial cases, mediation has during the past 30 years asserted its presence on the world stage. This has been as much the result of aggressive marketing by its promoters as perceived consumer dissatisfaction with litigation and arbitration.
Demand for cross-border ADR services, especially mediation, has been recognised by principal international dispute resolution bodies, who have made provision accordingly. In so doing, they have devised, so far as possible, principles and procedures of common application across legal traditions and cultures, or at least compromises in that direction. The same can be said of codes of ethical conduct for neutrals.
The subset of international commercial arbitration now has the beginnings of an ADR counterpart in international commercial mediation.
This book is written by authors with impeccable credentials – a doyen and doyenne of mediation and co-founders of the UK Centre for Effective Dispute Resolution (CEDR). It is an intensely practical primer, containing much useful advice on what mediation is, when to consider it, procedural options and flexibility, settlement strategy and the effective conclusion and implementation of settlement agreements. There are a number of brief case studies on CEDR mediation of international business disputes. Whilst helpful, it is noteworthy that all cases resulted in wholly or partially successful outcomes. There are no examples of failed mediations from which equally useful lessons could be drawn.
Topics of particular relevance to international mediation include the effect of culture, thought patterns, belief systems and social norms on the origins and escalation of conflict. Their importance is thrown into stark relief when considered with the theme of mediation as business diplomacy. In other words, mediation should be built into standard management practice, so as to become a tool of diplomacy in negotiation and conflict prevention and thus a means to preventing misunderstandings in the initial striking of business deals.
The authors accept that mediation is still comparatively in its infancy at the international level and comment on what needs to be done to enhance its effectiveness and credibility. Product branding and mediator training and quality figure highly, mirroring comments made elsewhere in this journal.
Robert Morgan
Consulting Editor
Asian DR
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