TEACHING COMPARATIVE PERSPECTIVES IN MEDIATION: SOME PRELIMINARY REFLECTIONS

INTRODUCTION

Mediation is no longer the stepchild of international dispute resolution practice. Scholars and practitioners recognize its enormous potential as a confidential, cost-saving, time-saving, relationship-enhancing process that gives control over disputes to the affected parties and often results in greater levels of satisfaction than litigation. Whether its appeal has peaked because of growing disenchantment with commercial arbitration or the perception that international arbitration has become like U.S. litigation,1 mediation is beginning to blossom on the international dispute resolution landscape.

The growing interest in mediation at the international level is reflected in numerous international and regional organizations, laws and protocols. Notable examples include organizations such as the Commercial Arbitration and Mediation Centre of the Americas ("CAMCA"),2 the CPR International Institute for Conflict Prevention & Resolution,3 and the International Chamber of Commerce ("ICC") that offer rules and procedures to resolve private commercial disputes through mediation. The World Trade Organization's ("WTO") dispute settlement system offers mediation as one method of resolving trade disputes between members.4 And, a primary example of legislation is the Model Law on International Commercial Conciliation that was developed by the United Nations Commission on International Trade Law ("UNCITRAL").5 The Model Law, which was recommended by the United Nations for adoption by member states in 2002, suggests an international consensus on the value of mediation as a mainstream method of resolving disputes.6