From Mexico to Minnesota

Recently, Sara Sandford and Lisa Savitt attended the American Bar Association International Law Section conference in Mexico City.   Lisa Savitt served as a panelist on the topic How to Successfully Resolve Your Case in Mediation:  Strategies for International Counsel.

Around 300 lawyers from around the world attended the meeting in Mexico City. Sara and Lisa, both former chairs of the International Law Section, were able to connect with old friends and to make new friends while attending first rate panels and spectacular receptions.

Lisa’s panel consisted of two Mexican lawyers, as well as Lisa and another lawyer from the United States and Colombia. All the panelists had cross-border mediation experience both as advocates and as mediators.  Lisa discussed representing non-U.S. clients in mediations involving U.S. litigation.  She discussed the importance of explaining mediation and the role of the mediator, which is of course different than that of a judge or arbitrator and varies from one jurisdiction to another.  She pointed out the benefits of mediation: confidentiality, the chance to settle before incurring what could be the astronomical costs of U.S. litigation,  and perhaps a way to continue the business relationship with the other party.    

Understanding different legal systems and cultural differences is an important factor for advocates to consider in mediation, and it should be a factor in choosing a mediator when you represent a party from another country.  The Mexican panelists highlighted that only mediation-certified Mexican attorneys can represent parties in a mediation to be eligible for a simplified means of enforcement in Mexico.  Also, opening sessions are still very common in Mexican mediations, while in the U.S. we are seeing parties in mediation preferring to go straight to caucuses — keeping the parties separate.  Another difference in Mexico is that, once a settlement agreement is reached in a mediation, it needs to be authorized by the Alternative Justice Center for simplified enforcement.

The panel highlighted how important it is for advocates as well as mediators to be cognizant that there are differences in mediating a dispute with any international component.