Why are international companies operating in the United States should consider mediation

When I spoke at an international conference office in Heidelberg, Germany, in May 2003, many of the international participants were generally familiar with the mediation. For international participants, "alternative dispute resolution" meant primarily the international arbitration. The international arbitration under the auspices of organizations like the International Chamber of Commerce has a long history of dispute resolution mechanism. However, international arbitration, as the litigation, tends to be expensive and time consuming. -

In May 2009, I participated in another international legal conference, and was pleased to learn that all participants knew mediation.-I was glad to hear that mediation is gaining traction even in countries like Italy, which has a legal system and tradition is not generally willing to mediation.-mediation is still in its infancy in Europe, but is gradually picking up the recognition and support. -

International companies operating in the United States will almost certainly consider mediation as a mechanism to resolve disputes that may arise while doing business in the U.S. In general, the legal system of the United States is very different from civil law system , used throughout continental Europe. In Europe, the rights of identification of the maximum are not granted and the jury system is virtually unknown. -European contenders generally did not face the potential exposure to punitive damages. In particular, for Europeans, the civil law system is seen as more predictable and rational than the U.S. system. -

For these reasons, mediation should be an attractive option for European companies. European companies should consider using multi-tiered dispute resolution provisions in contracts -. These provisions may require that, in the event of a dispute between the Contracting Parties must first mediate, and resolve any remaining disputes through arbitration. This approach may be more acceptable to the international companies that do the judicial system of the United States. Of course, many U.S. firms may favor this approach as well. - ......