Over the past 20 years mediation has been increasingly utilised as a most effective dispute resolution mechanism in commercial disputes (both international and domestic) in the AsiaPacific region. It has and can be used with equal effectiveness in both international and domestic disputes. The impetus for its success has come about because it provides a fast, effective and relatively inexpensive way of resolving commercial disputes while preserving valuable commercial relationships. Its great success in some jurisdictions is a direct result of its effectiveness in commercial dispute resolution.
This paper is directed at sophisticated parties experienced in substantial domestic and international commerce. Most such parties will either have their own corporate counsel and/or access to experienced commercial lawyers (frequently from large and/or international law firms) who are familiar with both adversarial and non-adversarial dispute resolution techniques. In the area of international commercial disputes, the users of dispute resolution services and mechanisms are sophisticated. Mediation should be a simple process although its practice can be subtle and nuanced. To further increase its popularity, it is essential that it continue to be flexible, fast and relatively inexpensive.
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