The 'Third Option': International Commercial Mediation
World Arbitration and Mediation Review, Vol. 1, No. 4, pp. 563-587, 2007
28 Pages Posted: 27 Jul 2007 Last revised: 10 Aug 2008
Mediation in the international context is a relatively recent phenomenon. As an Alternative Dispute Resolution (ADR) mechanism, third-party neutral mediation is firmly entrenched in the legal ethos and procedural rules of most common law jurisdictions; such as the United Kingdom, the United States and Canada. However, in the rest of the world, including many European, Latin American and Asian nations with civil law traditions, mediation remains an elusive concept. Some commentators suggest this may be due in part to differences in systemic (i.e. adversarial vs. inquisitorial) and cultural (i.e. mediation vs. conciliation) orientations. This article considers whether International Commercial Mediation is a legitimate Dispute Resolution Mechanism (DRM) alternative to litigation or arbitration and the effect of decision-making and behavioral biases, including System Justification Theory.
Keywords: international commercial mediation, conciliation, arbitration, litigation, cognitive bias, system justification theory, UNCITRAL Model Law on International Commercial Conciliation, harmonization, unification, private international law, public international law
JEL Classification: F02, F23, K12, K30, K33, K41
Suggested Citation: Suggested Citation