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Commercial Mediation in the Americas

Tuesday, 27th April 2016

"Introduction - [Minor revisions 20/04/2016] Mediation is an alternative dispute resolution (ADR) process through which a neutral assists parties in dispute to reach a settlement. Although the mediator has no authority to impose solutions upon the parties, he or she facilitates discussions and negotiations to resolve the dispute. Compared to arbitration, mediation offers a flexible, cost-effective and confidential procedure while still affording a comparatively simple and effective enforcement. For these reasons, leading international ADR services institutions have recently updated their mediation rules and made a renewed push to promote mediation among their clients. 

This note will provide an overview of the current legal regime in six jurisdictions in the region as follows: Argentina, Brazil, Chile, Colombia, Mexico, and Peru. For purposes of highlighting the more relevant aspects for purposes of commercial disputes, the overview is not meant to be comprehensive and will refer alternatively to mediation or conciliation to highlight important developments for the resolution of business disputes in each jurisdiction."

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Language: English

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