INTERNATIONAL MEDIATION IN COMMERCIAL DISPUTES

International mediation offers a swift, cost-effective, and accessible solution for resolving business disputes.

Given the extended timelines of proceedings in state courts, the expenses associated with arbitration, and the protracted periods that can ensue when seeking enforcement of arbitration decisions, the preference for international mediation becomes clear.

However, the advantages of international mediation go beyond its speed, affordability, and confidentiality. When commercial disputes are adjudicated before a judge or an arbitrator, the rulings they issue remain confined within the legal parameters set by applicable law. These rulings sometimes fall short of satisfying the winning party. Mediation, on the contrary, empowers parties to collaboratively devise solutions (except when contravening public order) that they willingly accept. This approach fosters the creation of solutions that are adaptable, flexible, and constructive.

The role and stance of an attorney in international mediation should diverge from their role in state or arbitration court proceedings. It's crucial to remember that the primary objective is to reach a constructive solution beyond the binary perspectives of right and wrong. The attorney must cultivate a fresh rapport with the opposing party.

In international mediation, the attorney should be fluent in the language of mediation at a native level. The most pivotal reason for this is that misunderstandings can hinder the attainment of a potential solution, although this isn't the sole rationale. The attorney should be adept at nurturing a constructive dialogue with the other party, articulating the client's stance with precision, and grasping subtle nuances. When necessary, they should be skilled at alleviating tension during tense negotiations and unambiguously delineating the non-negotiable boundaries for their client.

Should the parties approach an agreement and delineate the core tenets of that agreement during mediation talks, a minute of the agreement will be drafted. The attorney doesn't have an extended period to scrutinize the contract written in a foreign language, as is typical with standard commercial contracts. When the terms of the agreement acceptable to the client coalesce, the transactional agreement should be promptly formalized during the meeting. During the composition of the agreement, it's imperative to ensure that the document comprehensively mirrors the agreed-upon terms. In this context, the international mediation attorney should be a seasoned and adept professional well-versed in contract law, who also possesses native-level proficiency in the language of mediation.

At Panthéon Law Firm, we have delivered international mediation and legal representation services across numerous cities and institutions worldwide. We have managed to conclude almost all the mediation processes we have participated in so far with a mutually satisfactory compromise. We continue to offer our services to clients, especially within the context of Turkish and French international mediation processes.