Middle Ground
Mediators can keep you out of foreign court.
Like marriage, overseas business relationships can go sour.
Communication can save both--if you agree on how to disagree.
A professional, neutral third party (versus a lawyer) is key.
Arbitration and mediation can save time and money by resolving
international business disputes out of court.
Unfortunately, says Claudia Ray, an arbitration expert at New
York City law firm O'Melveny &Myers LLP, few entrepreneurs
consider the outcome of bad transactions. So when something goes
wrong, they're often forced to take up matters in a foreign
court system. Smart businesses agree to rules established by groups
like the American Arbitration Association in New York City.
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Using these rules, you can arbitrate a settlement (have a third
party make a decision) or mediate (have a third party broker a
decision). "Everybody [can] state their case without the
hostility of litigation," says Ray, "and it doesn't
give an advantage to either party."
Arbitration paid off for Roberta Moore, 40, president of
Qualitative Marketing in San Jose, California. When a Canadian
client didn't pay a $10,000 bill, Moore turned to the American
Arbitration Association.
"The process was smooth," says Moore.
"Arbitration prevented me from having to go through a foreign
court system, and it did what a collections agency
couldn't--get money from a company outside the U.S."
For more information, visit the American Arbitration Association
Web site at http://www.adr.org
Christopher D. Lancette is a journalist in Atlanta who covers
international topics for Hispanic Business and other
publications.
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