International Mediation

Résumé du document

International negotiation is implicated in all deal making processes but most of the time participants reach only a global agreement without being able to make clear points. Also, the negotiation goes on. Due to the implication of an increasing number of factors in the international context, these firms are more likely not to reach an agreement. So they call for a third party (consultants, agents, brokers), as a sort of helping team to facilitate the negotiation. This third party can take the role of mediator. The role of the function is to 'assist the parties to change, affect or influence their behavior so as to manage conflicts or potential conflicts arising in the course of negotiation.'

Extraits

[...] Thus conflicts linked to the results of the negotiation tend to become personal conflict for operational workers. The motto is have to win to prove to these foreigners that we are the best In this context the international mediator must be the top management because of its strategic view, and also owing to the fact that it has the power over the employees. IV. A deal-mending role A huge number of conflicts break out in international business: a poor country may expropriate a multinational for instance. These severe conflicts seem irreconcilables. [...]

[...] But three main tendencies can be underlined as described before. However three things are required for an effective International Mediation: - Disputant motivation: want the parties really meet an agreement? - Mediator opportunity - Mediator resources: know-how, skills. Without these conditions, the international mediation would be a failure. Due to the fact that Mediation is not well known and its possibilities underestimated, Mediation has an unbelievable potential of growth! [...]

[...] But Arbitration is far from being Mediation: it is a legalistic process. The purpose is to meet an agreement at the end of the process, not to change the habits of both sides. Call for International Arbitration is not a quiet, painless, inexpensive solution all the more so it might become the center of international political disputes. The two sides launch a long and harsh process which, generally, conduces to a final business rupture between the parties Mediation in International Business Disputes Mediation in international business conflicts is not often used because: Companies do not even know that mediation is possible in this case Firms try to resolve conflicts by themselves. [...]

[...] So international negotiation is a continuing negotiation! Due to the implication of an increasing number of factors in the international context, these firms are more a more likely not to reach an agreement. So they call for a third party (consultants, agents, brokers ) as a sort of helping team to facilitate the negotiation. This third party can take the role of mediator. The role of the function is to “assist the parties to change, affect or influence their behavior so as to manage conflict or potential conflicts arising in the course of negotiation” Jeswald W. [...]

[...] Nevertheless two main points have to be underlined: The goal of an international mediator is too avoid all conflicts. But in a negotiation, a conflict is very useful to point out the business points which may engender a disaster. All the more since he is often paid when the deal is concluded, so his interest is to make the deal whatever the cost may be! A business bank is the perfect example: it wants to make the deal so as to get fees! [...]