In the world of alternative dispute resolution, mediation, including international mediation, is the proverbial “hot topic” among lawyers and their clients (corporate or otherwise). Recent international developments hold open the possibility of strengthening its appeal in the market of dispute resolution and create another ripe opportunity for the state of Georgia to position itself as a jurisdiction hospitable to resolving complex business disputes.

In transboundary transactions (and their accompanying disputes), enforceability problems historically have loomed large. The United States is not a party to a multilateral or even bilateral treaty governing the enforcement of civil judgments, reducing the appeal of garden variety civil litigation. By contrast, the United States is a party to several multilateral treaties governing the enforceability of international arbitration awards, particularly the New York Convention. This has given arbitration a comparative advantage over other forms of alternative dispute resolution, including mediation. That may soon change.

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