Using mediation to resolve business disputes is better than the costly alternative of going to court. Mediation is done voluntarily, where the disputing parties consult an impartial third party, the mediator, to work out a solution to resolve business conflicts. Meditation can be considered a better conflict resolution approach than business litigation. Mediation is usually cheaper, less time-consuming, predictable compared to litigations and allows the disputing parties to innovate an ideal and practical solution for their conflict.
It should be the objective of all international businesses to have efficient and predictable international business mediation mechanisms for emerging conflicts. This conflict management approach enables businesses to resolve conflicts in a friendly way, safeguarding their working relationship and business interests.

Importance of International Business Mediators

An international business mediator is fuel for driving the international business mediation process. They assist with formulating a workable approach, identifying the business interests and objectives of the conflicting parties, and processing data for future reference. Additionally, they are tasked with facilitating discussions and providing to the parties a neutral evaluation.  Mediators should take each business dispute to be unique, thereby safeguarding both parties’ interests.

Features of an International mediation process
Confidentiality

Mediations should be confidential and governed by laws that uphold confidentiality.All discussions of the mediation are not admissible in court proceedings, except for the final settlement agreement.

Collaborative

Both parties get motivated to find a solution since nothing can be imposed on them.

It is a Controlled Process

The participants have complete control of the process, including the power to make decisions.&Nothing is enforceable without an agreement.

Informative

The mediation process provides an environment where the parties share information about their current status.

Voluntary

The mediation is anchored on voluntary participation. Therefore, any participant can desert the process at any time.

Impartiality and Safety

A mediator should be impartial and neutral, and none of the involved parties should be favored. The mediator should not influence the process with the interests of a particular party in mind. His major role is to provide a common playing ground and ensure that the conflict is resolved amicably, voluntarily, and in an informed manner, without coercion, intimidation, or duress.

Benefits of International Business Mediation over Litigation

Using international arbitration over litigation has the following advantages:
1.Cheaper than litigations.
2.Provides the disputing parties with an opportunity to find an international business mediator who is an expert in the field, rather than using a generalist like in the case of courts.
3.International business mediation is confidential and flexible.
Compared to court litigations, international business mediation is undoubtedly the better conflict resolution option because it’s flexible, time-saving, confidential, and affordable.