International Mediation: The Art of Business Diplomacy

International Mediation: The Art of Business Diplomacy

by Eileen Carroll QC (Hon), Karl Mackie CBE

Paperback(Third Edition)

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International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process.This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as:How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict.The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.

Product Details

ISBN-13: 9781784512453
Publisher: Bloomsbury Professional
Publication date: 09/09/2016
Edition description: Third Edition
Pages: 280
Product dimensions: 6.14(w) x 9.21(h) x 0.80(d)

About the Author

Eileen Carroll QC (Hon) Deputy Chief Executive, Centre for Effective Dispute Resolution ('CEDR') Eileen is recognised as one of the pioneers of mediation techniques in the U.K and with over 20 years' experience as a practising mediator, she is one of the most senior and highly regarded mediators in the country. Eileen's mediation practice has a very broad commercial perspective, working with clients on claims relating to dozens of different sectors and activities. She has mediated disputes involving banks, insurance companies, media, multinationals, sovereign states and private individuals in the UK and internationally. During her career she has worked with multinational corporations based in Europe, the Far East, India and the United States. She has chaired and facilitated a number of complex negotiations some in the region of £1 billion, examples include Maxwells pensions, BCCI collapse and British and Commonwealth receivership. She has also been engaged by multi-nationals to advise on Conflict Management to their senior Executive teams in both the advertising and media industries. She was the first European to receive the New York based CPR Institute of Dispute Resolution Award for excellence in alternative dispute resolution, 1997. She received an Entrepreneurial Award from European Union of Women 2005 in recognition of outstanding contribution to pan-European understanding and progress that provides inspiration to others. In 2013 Eileen was awarded Queen's Counsel Honoris Causa for her mediation practice and role in founding CEDR. Dr Karl Mackie CBE, Chief Executive,Centre for Effective Dispute Resolution ('CEDR') Karl became CEDR's first CEO in 1990, helping create its international standing as lead executive and chief mediator. As CEO, he has actively engaged with numerous multinational corporations, Governments, public bodies, charities and celebrity clients, in Europe, the US, the Middle East and Far East, South America and Australia. He has also held two Visiting Professorships in ADR, and has qualifications in law (barrister), psychology, education and management. Karl is one of the best-known names in commercial mediation practice. He has worked on some of the most complex civil and commercial cases to go through the English legal system, including the first substantial Court of Appeal mediation (NRG), Maxwell Pension Trusts, BCCI, Atlantic Computers, Alder Hey retained organs litigation. He has strong experience as a business consultant and in his time with CEDR, acted as Consultant or overseen consultancy to World Bank, European Commission and other international project sponsors on business and civil justice system development, with various sovereign governments and civil justice systems including India, Pakistan, Bosnia Herzegovina, China, Denmark, Holland, Qatar and others. He has also worked with various public bodies (FSA, ACAS), government departments (Business, Health, Transport, Community and Planning, Education, Overseas development, Procurement) and industry associations (railways, retail, motor manufacturers, patent and trademarks, insurance, sports etc.) in the development of dispute systems design. Identified by The Lawyer as one of the top 100 most influential lawyers, Karl has also been referred to as "Mr Mediation" by The Times. In 2010 he became the only mediator ever to be given an honour by the state, Commander of the Order of the British Empire (CBE), for services to mediation, both developing and delivering it.

Table of Contents

Preface v

Foreword to third edition vii

Foreword to second edition ix

Foreword to first edition xi

About the Authors xiii

Part 1 Mediating International Business Disputes: the Process, the Practice and the Potential 1

Chapter 1 The Potential for International Mediation in Business Conflict 3

Managers caught in the conflict web 3

The lawyer route 5

Mediation: bridging the gap 6

Chapter 2 The Recent Growth of International Mediation 11

Creative lawyering 11

The global economy 13

Culture and conflict 14

Chapter 3 Breaking Deadlock: the Power of Mediation 17

Mediation power and benefits: overview 17

Mediation process benefits for negotiation 20

Mediation outcome benefits 31

Chapter 4 The Decision to Mediate - How to Get Started 35

Selection of cases 35

Local variations: enthusiasm foe and compulsion to mediation 37

Guidelines to maximise potential use of mediation 44

How to get into mediation without losing face 45

Mediator selection: skills, personality, status 47

Building bridges 50

Chapter 5 'Form and Flexibility' - the Mediation Framework 51

Process framework 52

Venue for mediation 56

Time and duration 57

Participants - 'Decision makers are critical' 58

Mediation structure 61

The economics of mediation 62

The decision to mediate can therefore have dramatic implications for business 65

Chapter 6 Preparing for Success in Mediation Negotiations 67

Three sources of agenda in preparation 68

The four negotiation levers 70

Mediation preparation as a structured project 72

Personnel and action plan 79

Conclusion 84

Chapter 7 Steps to Settlement: the Negotiating Dance 85

Six steps to mediation settlement 85

Pre-mediation 98

Mediation 99

Chapter 8 Achieving and Implementing Mediation Settlements 101

The settlement phase of the mediation process 101

Chapter 9 The Challenges and Alternatives to Mediation 107

Cultural and psychological barriers to Mediation 107

Tactical avoidance of mediation 109

Unsuitable disputes 110

Weaving mediation into other approaches 114

Chapter 10 Forging Leadership in International Mediation 119

Mediation in international business conflicts 119

Justice and regulatory systems 120

Legal professionals 122

The business community 125

Chapter 11 Diplomacy at the Heart of Business 127

Corporate governance/employment in the global market 129

Goods and services in the global market 130

Intellectual property in the global market 131

Contract clauses 132

International joint ventures/business alliances/mergers and acquisitions 133

Major project management and mediation 134

Regulators and public sector organisations in the global market 137

Infrastructure for global business diplomacy 137

Part 2 Cases and materials in international mediation 139

Section 1 Cases 141

Section 2 CEDR Model ADR Contract Causes for Commercial Contracts 187

Section 3 CEDR Model Mediation Procedure and Agreement (2016 Edition) 195

Section 4 UNCITRAL Model Law on International Commercial Conciliation (2002) 207

Section 5 Codes of Conduct for Mediators 213

Section 6 EU Directive on Cross-Border Mediation 221

Section 7 ADR and International Development 231

Section 8 Commission on Settlement in International Arbitration 235

Section 9 The CEDR 21st Century Corporate ADR Pledge 247

Section 10 Further Reading 249

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