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45 Wash. U. J. L. & Pol'y 10 (2014)
Beyond International Commercial Arbitration - The Promise of International Commercial Mediation

handle is hein.journals/wajlp45 and id is 16 raw text is: Beyond International Commercial Arbitration? The Promise of International Commercial Mediation S.I. Strong* I. INTRODUCTION International commercial arbitration has long been the preferred means of resolving complex business disputes in the cross-border context. However, the international corporate community has become somewhat disenchanted with that particular mechanism because of concerns about rising costs, delays, and procedural formality.2 As a result, parties are looking for other means of resolving international commercial disputes. One of the more popular alternatives is mediation.3 * Ph.D. (law), University of Cambridge; D.Phil., University of Oxford; J.D., Duke University; M.P.W., University of Southern California; B.A., University of California, Davis. The author, who is admitted to practice as an attorney in New York and Illinois and as a solicitor in England and Wales, is Associate Professor of Law at the University of Missouri and Senior Fellow at the Center for the Study of Dispute Resolution. The author would like to thank the participants at the New Directions in Global Negotiation & Dispute Resolution Scholarship Roundtable, in conjunction with the Whitney R. Harris World Law Institute, at Washington University Law School, for helpful comments on an earlier draft of this Article. All errors of course remain the author's own. 1. See GARY B. BORN, INTERNATIONAL COMMERCIAL ARBITRATION 68 (2009). 2. See WILLIAM W. PARK, ARBITRATION OF INTERNATIONAL BUSINESS DISPUTES: STUDIES IN LAW AND PRACTICE 3-27 (2d. ed. 2012); S.I. Strong, Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, A New Approach to Cures, 7 WORLD ARB. & MEDIATION REV. 117, 117-18 (2013) [hereinafter Strong, Increasing Legalism]. 3. See Jacqueline Nolan-Haley, Mediation: The New Arbitration, 17 HARv. NEGOT. L. REV. 61, 66-67 (2012) [hereinafter Nolan-Haley, Mediation]. International commercial mediation can arise either through the use of standalone agreements or multitiered (step) dispute resolution provisions created either before or after the dispute arises. See Neil Andrews, Connections between Courts, Arbitration, Mediation and Settlement: Transnational Observations, 10 IUS GENTIUM 249, 264 (2012); Paul E. Mason, What's Brewing in the International Commercial Mediation Process: Differences from Domestic Mediation and Other Things Parties, Counsel and Mediators Should Know, 66 DISP. RESOL. J. 64, 66 (Feb.-Apr. 11

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