By Eileen Carroll and Karl Mackie
‘This book is by two extremely experienced practitioners in international mediation. A modern civil justice system needs to have mediation at its heart, as is increasingly recognised by the international commercial community. This book lucidly explains both why and how this can be achieved.'
Lord Woolf, former Lord Chief Justice, England and Wales
‘This book is an outstanding contribution to understanding and practice of the newly evolving and important mechanism of International Commercial Mediation.'
Sir Laurence Street, AC, KCMG, Sydney, Australia
‘... first rate ... the kind of ground work publication that is necessary to the institutionalisation of mediation and other interest-based dispute resolution into professional and business cultures.'
Hans U. Stucki, Lawyer, Chicago, USA
‘(This book) forms a landmark guide to practitioners in international mediation and is likely to forma reference guide to mediation procedures.'
Michael Clancy, Oil, Gas & Energy Law Intelligence
‘Mediation - incorporated in the OECD Guidelines for Multinational Enterprises - offers an opportunity to open up dialogue and to explore ways to resolving conflicts and tensions. The authors have demonstrated ably ... how to make international mediation work.'
Kathryn Gordon, Senior Economist, OECD, France
Across a broad range of business sectors, and with case values up to over $1 billion, mediation is emerging as an incomparably efficient means of resolving international business disputes. Written by two of the foremost international mediation experts and practitioners, International Mediation - The Art of Business Diplomacy, Second Edition is an essential guide to the effective and timely resolution of international business disputes. Outlining the characteristics of mediation and highlighting its place in business conflicts, this highly practical book guides the reader clearly through the international mediation process:
- How does it work and what will it cost?
- What are the limitations?
- What skills are required?
- How are the outcomes enforced?
- How can business best use mediation?
More than any theory, the case histories and practical guidance in this book demonstrates how and why international mediation works. Managers and their advisers in global business will discovers a powerful new way to resolve business conflict. The authors shows how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.
Part One: Mediating International Business Disputes: The Process, the Practice and the Potential
The Potential for International Mediation in Business Conflict
Breaking Deadlock: The Power of Mediation
The Decision to Mediate - How to get Started
‘Form and Flexibility':- The Mediation Framework
Preparing for Success in Mediated Negotiations
Steps to Settlement: The Negotiating Dance
Achieving and Implementing Mediation Settlements
The Challenges and Alternatives to Mediation
Forging Leadership in International Mediation
Diplomacy at the Heart of Business
Part Two: Cases and Materials in International Mediation
CEDR Model ADR Contract Clauses
CEDR Model Mediation Procedure and Agreement (Edition 9A)
UNCITRAL Model Law
European Code of Conduct for Mediators