2018 | Marzo 16
Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but once a large international arbitration is fully underway it is the experience of the authors corroborated by empirical research that mediation has not been widely accepted as a means to reach settlement.
This article explores some of the reasons why this is the case and proposes some practical suggestions to increase its use. It is rooted in two fundamental propositions: (1) that the same benefits that have often caused parties to prefer settlement in complex litigation cases are generally present in large international commercial arbitration disputes; and (2) that professional, competent mediation can assist in producing a settlement.