Disputes involving parties from different legal jurisdictions and nationalities generally involve complex substantive issues revolving around the merits of the claim and its judicial treatment. Such cases often also require particular attention on a number of levels that go beyond the legal matters at hand. The most obvious one is language, namely ensuring that the parties are comfortable enough with the language of the mediation to be able to engage effectively.

Familiarity with the legal particularities of the chosen jurisdiction is also an element to consider. And then there are less visible, but sometimes more sensitive differences to consider including, for example, subtle nuances in language, general intercultural sensitivities, and varying interpretations of non-verbal cues. In mediating such disputes, it is important for the mediator to recognize these subtle matters and ensure they have the tools to address them.