Cross-border business mediation

For cross border disputes we recommend to engage a co-mediator team with mediators who are used to working together in cross-border and international commercial disputes, to assist the parties in designing a process and reaching a mutually acceptable outcome that is within a timeframe and budget that is agreed to by all parties, enabling cooperative and optimal outcomes between the partners involved in resolving this matter. Using co-mediation creates more options, improves the process procedurally and substantively; it also statistically provides even higher settlement rates and satisfaction ratings of the parties and their legal counsel. 

 

The Benefits of Co-Mediation

Co-mediation teams are particularly beneficial in cross-border and complex commercial disputes. The advantages of co-mediation generally are:

  • Greater efficiencies for multi-party disputes.
  • Better balance and complementary skills.
  • Less tendency to seek coalitions and try to influence the neutrals as a team.
  • A greater ability to address difficult emotional and/or social issues.
  • A greater ability to identify and analyze possible impasses and adapt the process to the dispute.
  • An enhanced ability to take into account personal feelings and identify non-verbal communication issues.
  • Better observation of the dispute and personalities involved (two mediators can focus on different things and see, hear and perceive more than one).
  • Can serve as an example of teamwork: helping the partners in the negotiation to work more collaboratively both in joint sessions and in separate sessions.
  • Enhances perceptions of impartiality and balance.
  • Can provide non-binding evaluative input on positions (if one neutral is requested to do so), without compromising the facilitative and collaborative nature of the process
  • Can provide hybrid processes, if useful to the process at any stage.
  • Can help the parties to generate more ideas, options and alternatives, which often leads to better solutions and outcomes.
  • Can increase the efficiency of caucuses (separate meetings) if both mediators meet separately with different groups of people at the same time.
  • Increases creativity and provides greater outcome satisfaction, leading to higher settlement rates.

Co-mediation improves the effectiveness of a facilitated settlement process, especially if there is limited time available and different mediation styles are expected by each negotiation partner.  It leads to better outcomes by improving the quality of the process as well as the quality of the result. Studies have shown that the settlement rate is higher in co-mediations as compared to solo-mediations, and legal counsel tend to give higher satisfaction ratings regarding the outcomes of co-mediations. A mixed gender and cross-cultural team also adds diversity and can better address intercultural issues, capable of designing culturally appropriate interventions into the process. Both of these mediators are certified cross-cultural trainers, who are used to working in different languages, in different countries and with different corporate cultures.

Click here for more information on the co-mediation teams.