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Mediation: Creating a Space for Conflict Solution - Commercial Mediation and Arbitration in the NAFTA Countries

Author(s): 
Nancy Oretskin
Page Count: 
4 pages
Published: 
November, 1999
Practice Areas: 
Commercial Disputes,
Mediation,
NAFTA

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Very often when an international business dispute materializes, the first consideration that either an attorney or a business person considers is where the most suitable jurisdiction is located to initiate a legal action. The purpose of this brief text is to suggest that that way of thinking is quickly becoming outdated.  
 
A new way of thinking concerning international dispute resolution is emerging: Use mediation in the first instance to resolve your international business disputes. 
 
Upon notice of an international business conflict, rather than file an immediate legal action, either one or all parties to the dispute should request mediation to resolve the underlying dispute. Mediation is a process that has gained enormous popularity in the U.S. over the last decade and is viewed by many as the most user friendly option to resolve any international conflict. 
 
In a mediation proceeding, opposing parties are given an opportunity to present their views through an impartial third party, called a mediator. The opposing parties are encouraged to work together to identify their own solution to the problem. The final decision- making power to resolve the conflict always remains with the disputing parties. A third person never imposes a settlement on the parties to the dispute and the parties maintain direct control over reaching a ultimate solution.