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Mediation in the Globalized Business Environment

Abstract Mediation has its origin in the Oriental cultures, traditional Chinese culture in particular. It is so deeply rooted in Chinese culture that even the changes of government over the last few thousand years have never affected its position as one of the essential values of the Chinese community. For instance, the establishment of the People’s Republic in 1949 led to tremendous changes in ideology, values and cultural concepts and perceptions; the notorious Great Cultural Revolution of the 1960s almost destroyed traditional Chinese culture. Yet mediation has remained a recognized value of the country; it has been stipulated in laws as a procedure that judicial and arbitration bodies are encouraged to adopt. Due to the evolution of interdependence among nations with different cultures and traditions, mediation as a means for resolving cross-border disputes has become a public good. A number of international instruments and arbitration institutions have made mediation an alternative for solving the differences of disputing parties. This article examines such consequential effects of globalization as the changes in business patterns, the need for businesses to understand cross-border cultures and values, and their capacity to do so. It will also discuss current practices relating to cross-border dispute resolution to ascertain the potential contributions that mediation may make in promoting international economic exchanges.