ADR in Business: Practice and Issues across Countries and Cultures by J.C. Goldsmith, A. Ingen-Housz, and G. Pointon

Abstract

ADR (primarily mediation) has become popular in all sorts of domestic disputes, but there has not been a particular focus so far on analysing the use and implications of ADR in international business disputes. The main purpose of mediation is to achieve greater value and efficiencies, i.e. to avoid the uncertainty risks and cost of litigation (arbitral or through the courts) where the original parties tend to lose control over the process; it is also about identifying and making available gains that can be created out of an efficient and creative renegotiation of no longer viable contractual relationships rather than destroy a business relationship established with great investment by litigation. There has been quite some enthusiasm, with numerous training programmes producing certified mediators, most of whom, however, have little if any true mediation business. Mediation has its limits, both in terms of parties having truly to want to settle rather...