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A Note On Institutional And Ad Hoc Mediation

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Chapter Summary

Institutional and ad hoc mediation is a topic that cannot be approached in the international context without making reference first to the different reasons why mediation has succeeded in different countries and without taking into consideration cross-cultural diversity. Briefly, it can be stated that in the United States, the success of mediation is strongly linked, among other things, to legal costs. As a matter of fact, the only jurisdictions in which commercial mediation has succeeded up to now are Anglo-Saxon, common law jurisdictions. Ad hoc mediation needs mediators to be well known enough in the market for parties to know whom to appoint. This may be feasible in the United States or England and Wales, but it is far more difficult in countries in which commercial mediation is not developed.

Keywords:ad hoc mediation; civil law jurisdictions; cross-cultural diversity; England; United States



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