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 International

  Commercial

     Mediation

 

International (adjective) : 1. of or existing between two or more countries

Commercial (adjective) : 1. of, or engaged in, commerce (all forms of trade and service); 2. intended to produce profit

Mediation (verb) : 1. to act as negotiator or peacemaker between opposing sides in a dispute; 2. to bring about a settlement in this way

 

Expressed this way, International Commercial Mediation deals with helping business(es) in different countries resolve conflict, with an emphasis on profit.   This can be business to business, business to consumer, or between and within organizations.

Possibly one of the greatest problem areas in the realm of transacting international business is the concern  of dealing with conflict situations.  Principals who are experienced in international trade, who have dealt with international business conflicts, know that these situations can corrupt and destroy a business relationship in short order.  They know that a readily accessible forum to resolve conflicts within can be difficult to convene, and can sometimes be even more difficult to actually derive satisfaction from.  The barriers of cost, participation, and effectiveness can be daunting and even prohibitive.

International commerce is extremely prone to upset and disturbance due to the dynamic environmental conditions these arrangements must bridge over and constantly re-configure to adapt to suit.  The actual needs and interests of the parties are also dynamic and may not generally be as obvious as they might be between parties of similar culture, language, and practice.

Add to the equation how international business relationships are most often the result of long term and costly investment on behalf of the parties.  Viewed through these frames, the threat of ineffectively managed conflict can rapidly become apparent as an extremely ominous and perilous threat, and a great inhibitor, to international business interests.

Mediation can help effectively and intelligently approach these international commercial issues by nature of how it focuses the attention of the process onto the needs and interests of the parties involved.  Mediation helps the parties to a conflict find creative ways to actually transform apparent grounds of contention into grounds for collaboration.  While this statement may initially seem quite boastful and un-realistic, this much is guaranteed: if there is a basis of self interest between the parties, or a basis can be configured that respects and reflects their needs and interests, mediation has the best potential for discovering that approach.  If there is a will to resolve, or if there is a way to resolve, or if a route to resolution can be collaborated upon, mediation provides the most cost effective way of finding it and getting parties moving forward together.  Moving together towards their mutual prosperity, rather than locked into a mutually adversarial and destructive stance.

 

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