There are sometimes advantages to arbitration over litigation but there also can be disadvantages in arbitration. Both warrant discussion and evaluation prior to the selection of a forum.
Deciding whether or how to address varied emotions that stand in the way of resolution often is a key to a successful mediation.
If you wish to litigate confirmation in federal court, it is important to be aware of the category of “nondomestic” arbitrations—which may offer an underutilized path to federal jurisdiction.
Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but once a large international arbitration is fully underway, it is the experience of the authors, corroborated by empirical research, that mediation has not been widely accepted as a means to reach settlement.
Making the best use of your mediator’s abilities and time at every stage of the proceeding is extremely important in attempting to reach resolution.