What is International Mediation [Informal and Formal]?

Mediation (Otherwise Known as “Alternative Dispute Resolution”):  As in the regional realm, international parties may seek to resolve disputes prior to or after the commencement of international arbitration proceedings, through the process known as “Alternative Dispute Resolution” (“ADR”).

Informal Mediation:  Prior to the commencement of arbitration, the ADR process may be as simple and informal as direct communications directly between the grieved party and any relevant party(ies) to the international commercial agreement.  This communication process may escalate into negotiations solely between counsel, with such inter-party negotiations often defined as “Informal Mediation”.

Formal Mediation:In addition to, or instead of Informal Mediation, the parties may at any time, agree to proceed with “Formal Mediation”, in which an appointed attorney/judge/expert in the subject matter/field of the dispute, meets with all involved parties, separately and together, to seek a settlement of all claims (“Global Settlement”), or at least a resolution of some claims (“Partial Settlement”).