What is International Mediation?
International Mediation at CIAC is an alternative dispute resolution mechanism designed to resolve commercial disputes between parties from different jurisdictions through negotiation assisted by a neutral, expert international mediator. It is a voluntary, confidential, and interest-based process that promotes creative and mutually acceptable solutions.
The Inter-American Commercial Arbitration Commission (CIAC) promotes appropriate methods of dispute resolution and offers arbitration administration services to the international community. These services are provided when the parties expressly refer their arbitration clause to the CIAC rules or when the clause lacks rules and either party invokes the Panama Convention, in which case the CIAC applies its rules on a supplementary basis to order the proceedings.
Scope and suitable cases
Applies to cross-border commercial disputes relating to sales contracts, distribution, commercial agents, joint ventures, franchises, intellectual property, services, and other commercial matters where the parties seek a negotiated and rapid solution.
Key Features
- Neutrality and independence: impartial mediators with international experience.
- Confidentiality: the entire process and proposals are confidential as agreed by the parties and applicable regulations.
- Procedural flexibility: schedule, language, location (in-person/virtual), and methodology adaptable to the needs of the parties.
- Efficiency: results-oriented process that reduces time and costs compared to contentious proceedings.
- Practical approach: search for sustainable commercial solutions that preserve relationships.
- Legal certainty: agreements reached are documented in writing and may incorporate enforcement mechanisms agreed upon by the parties.
Summary process
- Request or agreement for mediation and appointment of the mediator.
- Opening session and definition of rules and schedule.
- Exchange of information and joint or private sessions (caucuses).
- Assisted negotiation and formulation of solutions.
- Drafting and signing of the settlement agreement—final document reflecting the commitments and enforcement mechanisms.
Benefits
- Greater control over the solution and timing.
- Lower costs and greater speed.
- Preservation of business relationships.
- Possibility of creative solutions not available in an award or judgment.