Foreword from CEDR

When mediation began gaining traction in the early 1990s, some of the first and largest cases I handled with CEDR involved multi-party, multi-jurisdictional disputes. Mediation proved to be an extraordinarily effective means of bringing parties together to navigate and explore commercially driven solutions in a time and cost-efficient way. That remains just as true today as we see parties willing to engage early in the dispute cycle to narrow the issues and progress towards resolution.

Now, more than 35 years on, mediation has rightly secured its place in the global dispute resolution landscape. As the principal pillar of Alternative Dispute Resolution (ADR), it continues to evolve at pace, adapting to meet the demands of a rapidly changing world.

This work recognises that, in an increasingly interconnected and complex global business environment—from supply chains to workforce management—there is an increasing emphasis on strategic, flexible, and effective approaches to resolving disputes.

Reflected in this guide are several key themes which I have noticed in my own practice and more broadly at CEDR.

Firstly, the increasing embrace of non-litigious dispute resolution by different jurisdictions as a mandatory procedural step.

Secondly, the standardisation of mediation as a key step within dispute resolution clauses in all forms of commercial contracts. This is accompanied by the use of mediation in parallel or combined with other forms of dispute resolution in hybrid processes. While mediation is the most well-known process, there is a broad spectrum of other models of ADR that reflect regional values, priorities and cultures which business needs to be alive to.

When, rather than if, to engage in mediation is now a key strategic decision within a dispute resolution strategy and being aware of cross-border implications as pertains to the interaction with litigation and arbitration is key.

Finally, there is a growing appetite for mediation at a global level. Buoyed by the Singapore Convention, CEDR is seeing mediation gain traction in new dispute spaces such investor-state relations and the meeting of cross-border regulations by large multinationals.

The pace and depth of the development of mediation across different jurisdictions makes the publication of this comprehensive and authoritative guide both timely and invaluable for parties in disputes. I commend the Eversheds Sutherland team for their work in producing it. As a firm they were among the early adopters of mediation and forward-thinkers in this field.