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Part I Commercial and Investment Mediation: Boundaries, Trends, and Outlook, 1 The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges

Katia Fach Gómez

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

Access to justice — Arbitral rules — Mediation

This chapter reflects on the relevant role currently played by mediation in the resolution of international commercial disputes. It explores the new meaning that some scholars have attached to the widely used acronym ADR. Considering mediation an important part of the ‘appropriate dispute resolution’ mechanisms available to commercial disputants suggests that a new light is shining through this important sector and the principles that it embraces, such as access to justice. This central idea is developed in this chapter, which addresses various highly topical issues in the framework of commercial mediation: the dilemma of compulsory mediation in non-family contexts; the impact of developments in information and communication technology on the mediation milieu; the role of ethics in the contemporary mediation world, and the structure and main objectives of training schemes in international commercial mediation.

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