As an international lawyer I find the access to jurisdiction highly unpredictable, extremely slow, unsourmountably expensive. A lot of ly, if you ask me.
We usually need translators and sworn translations. We need multiple international conference calls. We need complicated powers of attorney. The access to a second instance makes it even worse. Three years later is usually too late.
The mediation doesn´t cure cancer. But it has some inherent perks:
The parts select a mediator who stablishes the costs in advance. They don´t need lawyers a priori. There is not a need to shop a forum or beg for a governing law. They can save on discovery and impending measures. They save on multiple travels.
They can choose the language of the mediation, the parts can convene a calendar for meetings….if they don´t go for a not-so-old-fashoined electronic mediation.
Best of all, parts won´t go further than desired. Parts are the stars here, not some judge or arbitrator.
Isn´t it ironic a resolution that bothers both parts? Common, yes.
Eventually, the agreement can be signed at a notary public here in Spain, with other jurisdictions using similar procedures. That act generates an enforceable document.