ABSTRACT
Mediation has increased exponentially to meet international business and commercial dispute resolution needs. Due to the cross-polarization of disputes, the impact of culture in mediation cannot be over-stated. Nonetheless, as a general matter, it is vital that international mediation practitioners, before engaging in cross-cultural mediations, understand the cultural environment and ethnic differences, preferences, and social codes of each mediation participant. Mediating parties are specifically encouraged and empowered to do so by a neutral third party. In mediation, the parties have the opportunity to create a resolution tailored to the inimitable circumstances of their dispute, oftentimes assisted by neutral mediators who are industry experts. There are several avenues to validate a mediation settlement agreement based upon the entry of an arbitration award. European Directive, Mediation in Civil and Commercial Matters, passed in 2008, made uniform certain attributes of enforcement of mediation in civil and commercial settlements throughout the European Union (EU). Multiple drivers are working to sustain mediation's meteoric rise.
