第三选择：国际商事调解.pdf

VOLUME 1 • NUMBER 4 JurisNet LLC Huntington, New York USA WWAMR 1-07_Vol 1-No4 .inddAMR 1-07_Vol 1-No4 .indd 11 99/6/2007/6/2007 44:59:41 PM:59:41 PM Electronic copy available at: /abstract=1002439 Electronic copy available at: /abstract=1002439 THE “THIRD OPTION”: INTERNATIONAL COMMERCIAL MEDIATION by Antonin I. Pribetic∗ I. INTRODUCTION Mediation in the international context is a relatively recent phenomenon. As an Alternative Dispute Resolution (ADR) mechanism, third-party neutral mediation is firmly entrenched in the legal ethos and procedural rules of most common law jurisdictions—such as the United Kingdom, the United States, and Canada.1 However, in the rest of the world, including many European, Latin American, and Asian nations with civil law traditions, mediation remains an elusive concept. Some commentators suggest this may be due in part to differences in systemic (i.e., adversarial vs. inquisitorial)2 3 and cultural (i.e., mediation vs. conciliation) orientations, as ∗ B.A. (Hons.) (York University), LL.B. (Osgoode Hall Law School), LL.M. (Candidate) (Osgoode Hall Law School). Litigation Counsel at Steinberg Morton Hope Israel LLP, Toronto, Ontario, Canada. Th