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2 Eur. J.L. Reform 651 (2000)
Strategic Alliance Mediation - Creating Value from Difference and Discord in Global Busines

handle is hein.journals/ejlr2 and id is 661 raw text is: Strategic Alliance Mediation - Creating Value from Difference and Discord in Global Business Julian Gresser* A. Introduction To win the business alliance game you must capture and hold customers and territory - by better products, property rights, swift marketing, sharper selling, and other deft means. Speed is now the critical element in success, and close upon it, how well you manage risk. Fifty years ago when we still had time, companies grew to greatness on their own steam. Today CMGI, the Internet venture capital firm, will complete a USD 900 million acquisition from start to finish (including due diligence) in a week. But the acquisition route, as many companies are finding, is fraught with dangers, because the welding together of disparate corporate cultures can be hard, and the expense often prodigious. For these three reasons - territory, speed, and risk strategic business alliances have become increasingly popular, growing at a pace * Julian Gresser is a management consultant, international lawyer, professional negotiator and Japan specialist. He has twice been Visiting Mitsubishi Professor at the Harvard Law School and has served as an advisor to the US State Department, The World Bank, the European Commission, and the Prime Minister's Office of Japan. He is the author of Environmental Law in Japan (1981), Partners in Prosperity: Strategic Industries for the US in Japan (1984), and Piloting Through Chaos: Wise Leadership/Effective Negotiation for the 21st Century (1996). Mr Gresser is the Chairman of the Council on Alliance Mediation in the Association for Strategic Alliance Professionals (ASAP). The author expresses his appreciation to the following friends and colleagues for their comments on various drafts and outlines of this article and for materials provided: Peter Murray, Frank Sander, Eileen Carroll, Karl Mackie, Peter Pekar, Richard Buxbaum, Lynne S. Paine, John Place, Michael Miller, Steven Rosenberg, Bill Lundberg, Jim Kiel, John Tarrant, and James Myers. As used in this article, a 'strategic alliance' refers to a business organization with an important strategic purpose, which involves a higher degree of integration than an arms-length supplier or vendor relationship, but short of a merger or acquisition. Strategic alliances are being formed to fill virtually every gap in a company's value production chain. Some alliances are organized as joint ventures or legal partnerships, although not all alliances take this legal structure. Not all joint ventures or partnerships are strategic alliances, and some alliances, which are missing the critical strategic element, may nonetheless be 'tactical alliances'. European Journal of Law Reform, Vol. 2, No. 4 © Julian Gresser 2000, All Rights Reserved. Published with permission of the author.

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