Mediating International Commercial Disputes: Differences in U.S. and European Approaches

11 See Benjamin Kaplan, Arthur T. Von Mehren & Rudolf Schaefer, "Phases Of German Civil Procedure I," 71 Harvard L. Rev. 1193, and especially 1223-24 (May, 1958) ("The intensity and candor of the fGerman] court's drive toward set[lement will astonish an American observer.... Lawyers do not complain of this strong official impulsion nor does there appear to be concern over subversion of legal norms in compromises reached under pressure from the bench." (footnotes omitted)). See also John H. Langbein, "The German Advantage in Civil Procedure," 52 Univ. Chi. L. Rev. 823, n.25 (Fall 1985).

12 For example, see Sergio Ciarloni, "Civil Justice and Its Paradoxes: An Italian Perspective," and Peter Gottwald, "Civil Justice Reform: Access, Cost and Expedition. The German Perspective," in Civil Justice in Crisis, supra n. 6, at 230, 232 & 288-90.

13 See IIeana Dominguez-Urban, "The Messenger as the Medium of Communication: The Use of Interpreters in Mediation," J. Disp. Resol. 1-52 (1997).

By David J.A. Cairns

The author practices at B. Cremades y Asociados in Madrid. He holds LL.B. (Hons), LL.M. (Toronto), and Ph.D (Cambridge) degrees. He is a solicitor and Chartered Arbitrator. He can be reached by e-mail at d.cairns@bcremades.com.

Copyright American Arbitration Association Aug-Oct 2005
Provided by ProQuest Information and Learning Company. All rights Reserved