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Part IV Special Topics in the Mediation of Commercial and Investment Disputes, 16 Selection of Mediators

Charles H. Brower

From: Mediation in International Commercial and Investment Disputes

Edited By: Catharine Titi, Katia Fach Gómez

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2020


Selection of mediators represents one of the most important questions for parties involved in international commercial mediation. Although recourse to international commercial mediation has increased in recent years, the number of controversies submitted to international commercial mediation remains fairly low. Observers continue to refer to the incipient nature of the discipline, the absence of an extensive body of practice, and continuing resistance to mediation in geographically important regions, including Europe. It should come as no surprise that users of international commercial mediation will find only a small body of literature addressing selection of mediators, with writers often expressing conflicting or at least different perspectives on important topics. This chapter seeks to distil and to enhance the understanding of mediator-selection practice by examining the qualities that users should consider when choosing international commercial mediators, the processes for gathering information about potential candidates, the processes for vetting shortlisted candidates, and special problems associated with the selection of mediators for international commercial disputes.

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