International mediation is a structured process in which parties reach a settlement across borders under the guidance of a neutral mediator. In our practice, we work with ICC, NAI, and SIMC. International mediation requires preparation, an experienced mediator, and clear settlement documentation. Advantage: turnaround time one to three months, costs 10 to 20 percent of arbitration.
What is the legal problem?
International mediation presents challenges that domestic mediation does not: language, culture, legal traditions, confidentiality, and the enforceability of the final agreement. Without a mediator with international experience, the process quickly grinds to a halt. A well-structured mediation procedure takes these factors into account.
What does the law say?
The EU Mediation Directive (Directive 2008/52/EC) and the implementing act (Mediation Directive Implementation Act) regulate confidentiality and the suspension of the statute of limitations during mediation. The Singapore Convention 2019 makes settlements internationally enforceable in signatory states. ICC Mediation Rules 2014, NAI Mediation Regulations 2024, and SIMC Singapore International Mediation Centre Rules provide detailed procedures.
IMI certification and the MfN register are relevant for mediator quality.
What risks do companies face?
Poor mediator selection leads to an unsuccessful process. Insufficient mandate for the delegation makes agreements impossible. Non-enforceability of the settlement leads to new disputes. Statute of limitations issues can arise if mediation takes a long time without a suspension of the limitation period under Article 3:316 of the Dutch Civil Code. Insufficient confidentiality leads to strategic loss.
Practical example from our practice
We assisted a Dutch and Indonesian partner in mediation regarding a 5 million euro dispute. A mediator with Asian experience conducted three sessions in Singapore. Within six weeks, the parties reached a settlement that became immediately enforceable under the Singapore Convention (Indonesia is a party). The alternative, arbitration under the ICC, would have taken approximately two years and required 1 million euros in costs.
What can you do?
Plan mediation well: select mediator carefully (language, culture, sector). Grant the delegation full decision-making authority. Prepare with BATNA, WATNA, and zone of possible agreement. Document the settlement carefully so that it is internationally enforceable. Combine with a statute of limitations suspension and an arbitration clause in case mediation fails. See also our article on When to choose mediation?