Mediation in cross-border or cross-cultural disputes
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.
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, and two brains – through co-mediation the parties also can achieve the advantage of mediators with a multi-cultural approach. This can ensure the parties’ respective interests and needs are met, which is a fundamental cornerstone in mediation.