The North American Free Trade Agreement (NAFTA) Advisory Committee on Private Commercial Disputes1 and the U.S.-Mexico Conflict Resolution Center2 organized a Conference on Alternative Dispute Resolution for Judges & Businesses in June 3 and 4, 1999, in Mexico City. More than 350 people attended the tri-national Conference. Over 120 Mexican judges participated. U.S. and Canadian judges, as well as business people, governmental officers and private lawyers representing the three NAFTA countries also attended.

 

The Conference focused on two main themes: the use of arbitration and mediation as an alternative to courts to resolve commercial conflicts in international law. In addition, the relationship of arbitration and mediation to judicial dispute resolution in Canada, Mexico and the United States was addressed.

 

Resort to the court system as a method for international commercial dispute resolution is becoming less effective and less attractive. An increasing trend to solve commercial conflicts with the help of private arbitrators or mediators is gaining in popularity and demand . The complexity and specialization of contemporary economic conflicts where international, financial, commercial, legal, multi- cultural and technological facets intertwine, prevents prompt and adequate responses from the traditional court system. Additionally, each year, the judiciary receives less resources while the general population continues to multiply. As such, litigation before judicial tribunals, not only requires patience, time and money; but also quite likely yields an uncertain result.. Arbitration and mediation, on the one hand, indeed complement the overwhelming work of the court system and, yet, on the other hand, offer a decision making process that is more certain and more preferable.