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lized industry rules.
The AAA has cooperative agreements with arbitration institutions in over fifty other countries and has helped other nations establish national arbitration acts and arbitral bodies. Under the cooperative agreements, the AAA and the other countries' institutions cooperate in choosing arbitral locales if the parties' contract is silent or there is no contract, assist each other in selecting arbitrators, and administer the arbitration. The AAA monitors its panel of arbitrators for expertise, skill and diversity.
Other organizations, too, facilitate the prompt and efficient settlement of international business disputes. The Commercial Arbitration and Mediation Center for the Americas (CAMCA), a union of arbitration organizations from the United States, Canada and Mexico, entered into a cooperative agreement to resolve all disputes under the NAFTA Accords. The Accords encourage the use of ADR.
The CAMCA agreement includes a multinational roster of arbitrators and mediators, and its goal is to eliminate problems due to cultural differences. In the future, more countries may be added to CAMCA.
Additional international ADR institutions include the World Intellectual Property Organization Arbitration Center in Geneva, Switzerland, created in 1994; the International Federation of Commercial Arbitration Institutions, which has existed since 1985; the Inter-American Commercial Arbitration Commission, which is now part of the Organization of American States; and the International Center for Dispute Resolution in New York City, which administers the impartial resolution of disputes between international business litigants.

D. Mediation
Mediation is the fastest growing ADR method. Many courts now require that disputes be mediated before they are tried. Mediation is geared toward compromise, in order to resolve a past dispute or create agreement for the future, with the assistance of a skilled neutral. A major advantage of mediation over arbitration is that in mediation, the decision- making power is always held by the parties.
The mediator's function is to keep the parties talking and to move them toward compromise. A good mediator can identify and clearly articulate the parties' fundamental underlying interests and help them over any emotional roadblocks. Lawyers are also essential to this process, because they can point out the risks of the various settlement proposals and help the parties focus their energies on solutions that best meet their needs.
The choice of a particular mediator should be based on the nature of the dispute and the parties' personalities. A mediator must be a good listener and a creative problem- solver. The mediator should also have sufficient experience to command the respect of the parties and their lawyers. The success of the mediation often depends, however, not only on the choice of the mediator, but also on the participants' attitudes. If the parties think of mediation as a means to achieve a tactical advantage, such as by causing delay, agreement is unlikely. On the other hand, when parties enter into mediation in a good-faith attempt to reach a compromise, the process holds great promise. It is essential, however, that the parties be willing to move beyond the personalities and emotions involved if mediation is to succeed.
The key benefits of mediation are its voluntary nature, collaborative approach, element of control, confiden本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。