Advocates of mediation claim that mediation is a more cost-effective and time-efficient process than arbitration to resolve international disputes. Since one would assume that companies will choose the fastest and cheapest way to resolve their disputes, it should therefore follow that the number of mediations should grow more than the number of arbitration cases in resolving international commercial disputes. This article tests that statement, attempts to confirm whether international mediation is useful to corporations, inquires on whether it is growing as the international resolution method of choice, and considers the reasons behind that growth.
Originally Published in: Contemporary Issues in International Arbitration & Mediation
The Fordham Papers (2010) Martinus Nijhoff Publishers