Mediation: concept and advantages

Commercial mediation is an alternative dispute resolution procedure whereby “(…) two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator”. It can be considered international when it involves transnational relations.

Arguably, the biggest advantage of mediation is that helps avoiding an outcome with winners and losers, facilitating the maintenance of the relationship between the parties. Additionally, it is a swift and cost-effective method, which can adopt flexible approaches to prevent or resolve conflicts, like the Dispute Review Boards utilised in the construction of the Channel Tunnel between England and France.

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