Mediation: A New International Playing Field
For some time now, the international business community has recognised the merit of international arbitration as the principal dispute resolution process. Arbitration offers many benefits, including confidentiality and flexibility, but its greatest selling point is the enforcement of foreign arbitral awards. However, it has been rare for a tribunal to suggest to parties engaged in international arbitration that they explore a commercial settlement through mediation in parallel with the determinative process. In this article, Bronwyn Lincoln, partner of Herbert Smith Freehills, discusses the developing role of mediation in the resolution of international disputes.