Publication Type

Book Chapter

Version

submittedVersion

Publication Date

12-2022

Abstract

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between them in a more time and cost-efficient manner, and with a stronger focus on the commercial interest of the parties. Mediation is one of these mechanisms. This chapter provides an overview of the basic concepts of mediation; how it distinguishes itself from but can also be employed together with other dispute resolution mechanisms such as, in particular, arbitration; the legal framework; and practical guidelines when drafting a mediation agreement in the context of international commercial contracts.

Discipline

Contracts | Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

International Commercial Contracts: Law and Practice

Editor

Petra Butler

First Page

1

Last Page

35

ISBN

9780198809548

Publisher

Oxford University Press

Copyright Owner and License

Authors

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