ABSTRACT
This chapter discusses the core features of mediation, associated issues and solutions. The Centre for Effective Dispute Resolution, a major provider of commercial mediation in England, adopts the term 'mediation' to refer to both evaluative and facilitative mediation, even though it promotes facilitative mediation. The Conciliation Law applies to international commercial conciliation, although parties may expressly agree to apply the provisions to domestic commercial conciliation. One of the benefits often highlighted by the proponents of mediation is confidentiality. Confidentiality pervades the whole process, from the caucus meetings to the settlement stage. International organisations, such as Baltic and International Maritime Council, which play an active role in drafting standard forms in respect of sea transportation, have also responded to the arrival of mediation on the dispute resolution horizon with a mediation clause incorporated into the standard dispute resolution clause.
