International Mediation: The Art of Business Diplomacy

by Carroll, Eileen; Mackie, Karl J.

• ISBN13: 9789041112903
• ISBN10: 9041112901
• Format: Paperback
• Copyright: 1999-11-01
• Publisher: Wolters Kluwer

Summary

Across a broad range of business sectors, and with case values as high as $500 million, mediation is emerging as an incomparably efficient means of solving international business disputes. Experience has already proven its effectiveness. International Mediation--The Art of Business Diplomacy reveals the power of this extraordinary resolution tool. Drawing on more than a decade of successfully mediated international disputes, The authors--both professional mediators associated with the Centre for Dispute Resolution (CEDR) in London--explain how to use mediation in an international setting and how to get the best from the process. They provide plenty of examples of international disputes that have been resolved using mediation, often in as little as two days. This book answers all the most-asked questions about international mediation, including: How does it work? What are the limitations? What skills are required? How long will it take? What will it cost? How are the outcomes enforced? More than any theory, The case histories and practical guidance in this book will demonstrate why international business dispute mediation works. Managers and their advisers in global business will discover a powerful new way to resolve business conflict.

Table of Contents

Acknowledgements	vii
Foreword	ix
Authors' Introduction	xi
The Potential for International Mediation	1	(10)
The Power of Mediation	11	(16)
The Decision to Mediate -- Case and Mediator Selection in Practice	27	(14)
The Mediation Framework -- `Form and Flexibility'	41	(14)
Preparation for Mediation	55	(14)
The Mediation Process	69	(16)
Achieving and Implementing Mediation Settlements	85	(8)
The Limits of Mediation	93	(10)
Global Business Diplomacy	103	(12)
Appendix I Addresses of International ADR Organisations	115	(8)
Appendix II Model Mediation Procedure	123	(14)
Appendix III Model Mediation and Arbitration Contract Clauses	137	(14)
Appendix IV Mediation Costs	151	(4)
Appendix V Case Summaries	155	(26)
Appendix VI Millennium Accord	181	(8)
Further Reading	189	(2)
About the Authors	191