Author: Shahla F. Ali PDF: Practitioners’ Perception of Court-Connected Mediation in Five Regions: An Empirical Study Abstract Courts throughout the world face the challenge of designing court mediation programs to provide opportunities for party-directed reconciliation on the one hand, while ensuring access to formal legal channels on the other. In some jurisdictions, mandated programs require initial attempts at mediation, while in others, voluntary programs encourage party

This Article examines cognitive and cultural barriers creating the relatively infrequent use of mediation to resolve private, transborder commercial disputes in the Americas.  It begins by analyzing the challenges presented by transborder commercial litigation.  It then presents and supports the claim that international arbitration, the most frequently used transborder commercial dispute resolution method, suffers from many of litigation’s disadvantages including excessive ex