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Ten Trends in International Mediation

Nadja Alexander

(2019) 31 SAcLJ 405

In this article, the author offers an international overview of mediation developments in the 21st century and identifies contemporary influences such as artificial intelligence and third-party funding. With a focus on mediation of cross border disputes, the author identifies ten trends in international mediation. These include the changing profile of cross-border disputants and corresponding developments in international mediation practice and law. The role of mediators and lawyers is analysed in the context of the professionalisation of the field through credentialling initiatives and the new specialisation of mediation advocacy. With the growing internationalisation of mediation, there has been greater appreciation of diverse practice models and the cultural assumptions underpinning them. These developments are explored along with the increasing and differentiated use of mediation in mixed mode procedures and a consideration of how technology is challenging conventional understandings of face-to-face mediation. Finally, two topics not traditionally associated with mediation, namely apology legislation and third-party funding, are examined with a view to how they may influence the future of mediation.