Co-Mediation In A Cross-Border Context

Trade between different states is taking place on a greater scale than ever before. Small and large companies are doing business across borders every day, all around the globe and many companies are established abroad. However, this is by no means new information.

Disputes arising from international business dealings can be complicated and expensive, especially if the parties come from different countries and continents. Moreover, existing business relationships can often break down while in conflict. There are of course courts and arbitrators to resolve cross-border disputes, but this is not only a very expensive and potentially destructive way of finding a solution, it is also often very time-consuming. But, this is also not news to you.

So, what can we do in order to effectively manage a cross-border dispute?

In this forum I think I do not have to argue for the use of mediation, but is there something else that could be considered?

Companies from different countries often have significant social and cultural differences. This might imply that both parties want a mediator from their own cultural, legal and industry background. If so, the dispute can be managed by two mediators, one from each country. This is called ‘co-mediation in cross-border disputes’ and can be a very powerful tool in such cases. In addition to the general benefit of a mediator with four ears, four eyes, an