When mediating a dispute in Asia, or with Asian companies in the U.S., lawyers and mediators cannot expect the mediation process to be “business as usual.” Mediation is not an established practice in most Asian countries. Attitudes in regard to mediation are akin to those in California 30 years ago.
The adage that success in life can be achieved by “just showing up” does not apply to mediation of cross-border disputes. A well-designed process is a must.
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