Cross-Cultural Deal Mediation as a New ADR Method for International Business Transactions

This article aims to explain why and how cross-cultural deal mediation can be established as a new and effective Alternative Dispute Resolution (ADR) method for international business transactions.This article aims to explain: the difference between deal mediation and cross-cultural deal mediation; how cross-cultural deal mediation works; the cross-cultural deal mediator's role; and the benefits and potential problems associated with cross-cultural deal mediation.This article promotes the intervention of a cross-cultural deal mediator in the pre-contractual phase (contract formation) or bargaining phase of international business transactions to help the parties to improve their mutual cross-cultural understanding to reach mutually satisfactory agreements.This article makes theoretical arguments in favor of cross-cultural deal mediation, but also presents empirical justifications on the basis of the developed and well-tested cross-cultural models of Geert Hofstede's Five Cultural Dimensions, and Trompenaars and Hampden-Turner's Seven Cultural Dimensions.Overall, this article promotes the intervention of a cross-cultural deal mediator to assist parties from different cultures in the negotiating and drafting processes of their international business contracts to create more efficient and durable crosscultural business relationships.I. INTRODUCTION Y" OU don't get what you deserve, you get what you negotiate" is a well-known saying amongst negotiators.Following ... this logic, bad negotiators will usually reach bad deals that Practicing corporate lawyer of the Bar of Ontario, Canada (2004) and part-time